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국회의 입법과정 개선방안에 관한 연구 / 김은철 1
I. 서론 1
II. 입법과정 분석의 틀 2
III. 국회 입법과정의 개선방안 5
1. 법률안 입안·제출과정의 개선방안 5
2. 법률안 심의·의결과정의 개선방안 11
IV. 결론을 대신하여 26
참고문헌 28
ABSTRACT 30
초록보기 더보기
Modem democratic nations select the principle of the respective independence of the legislature, the executive and the judicature in order to secure freedom and rights of the people and prevent evil influence caused by the concentration of power. As the executive power is being expanded as much as the administrative legislature has been ;substituted for the legislative power of the national assembly because of demands of the Social welfare nation and relative superiority of specificity, a typical meaning of the power division is deteriorated. However, the basic intention of the power division to protect the freedom. And rights of the people from arbitrary execution of the executive is the last stronghold of the representative democracy.
In consideration of the all the things above, the most important thing to be considered is that the process to organize the legislature should be democratic and resonable. That is, the executive should adjust and reflect polycentric interests and intentions of the people for reinforcement of the legislature and encouragement of democratic control, consider specific technology and efficiency demanded by modem active states and have leadership and responsibility to incorporate interests and intentions of the people through the national assembly.
However, the legislature under the structures of democratic states usually needs very complex procedures corresponding to political and social situations. In particular, as the purposes of today's legislature are politically, economically and socially' complex and diversified, and the process is naturally flexible, its organized planning is very difficult.
The evaluation of the legislature execution is considered at the same time in two aspects: That is, actual aspect and procedural aspect; whether the corresponding laws are contradictory to the constitution and relevant law, valid and effective, and whether the legislative process abstract policy is embodied into the written law is democratic and just.
That is, the goal to be pursued in research on the legislative process theory based on representative democratic politics is to prepare organized systems of legislative procedure such as organizations and management procedure of legislative system so that laws agreed by everyone may be enacted according to democratic procedures.
The current constitution and the parliament law provide institutional systems to satisfy democracy and efficiency at the same time according to stages of the legislative process. However, there are many cases that efficiency is obstructed because of the focus on democracy or democracy is obstructed because of the focus on efficiency. Therefore, this study speculates the institutional systems in democracy and efficiency aspects.
This study presents suggestions on improvement of the legislative process-the legislative process of the parliament, and autonomous legislative process in that the constitutional standards that declare respect, values and basic rights of individuals are embodied in forms of laws through legislative process. For securement of democratic justification, the legislative process should be opened so that various opinions of the public are converged to the parliament. Also, for promotion of efficiency, legislative demand of the public should be properly satisfied.
For establishment of autonomous legislative right which reflects regional characteristics, the central governments and local governments should control legal and institutional intervention, share information and data with the local parliaments to prepare autonomous legislature for the public, and cooperate each other to encourage autonomous governments and activate autonomous legislative functions of local parliaments.
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