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Enhancing Legitimacy of Administrative Legislation through Popular Sovereignty - Comparing Eu and Unites States' Bypass Legislation Cases -
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행정입법의 국민주권 정당성 제고 - 유럽과 미국의 우회입법사례와의 비교 -

논문 기본 정보

Type
Academic journal
Author
Jung, Eun Jeong (창원대학교) Kim, Dae Jung (동아대학교)
Journal
Institute for the Study of Law Dong-A University DONG-A LAW REVIEW No.98 KCI Accredited Journals
Published
2023.2
Pages
161 - 184 (24page)
DOI
10.31839/DALR.2023.02.98.161

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Enhancing Legitimacy of Administrative Legislation through Popular Sovereignty - Comparing Eu and Unites States' Bypass Legislation Cases -
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Abstract· Keywords

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This research is about administrative legislation delegated from congress within a certain degree when congressional legislation faces limited capacity to resolve complex needs of enactment and reformation of laws in the modern society. Administrative legislation sometimes is pocessed as the bypass legislation and it often results excessive power and deterioration of democracy. This paper examines cases of Hungary, Poland in Middle Europe and cases of United States. It suggests enhanced legitimacy of administrative legislation is critical and achieving popular sovereignty is necessary to face abused administrative legislation issue. To this end, this study emphasizes the communication power linkage of administrative legislation through the practice of participatory democracy, and presents the measures to expand direct democratic means, prepare a forum for discussion and discussion, and improve citizens" quality.
#행정입법 #의원입법 #국민주권 #참여민주주의 #우회입법 #Administrative Legislation #Congressional Legislation #Popular Sovereignty #Participatory Democracy #Bypass Legislation

Contents

Ⅰ. 서론
Ⅱ. 법치국가의 입법
Ⅲ. 행정입법과 현대민주주의 위기
Ⅳ. 행정입법의 정당성 제고 : 국민주권 실현
Ⅴ. 결론
참고문헌
국문요약
Abstract

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