입법권의 한계와 정당성에 관하여

초록

The rule of law is a principle that guarantees and protects the freedom and rights of individuals by limiting the illegality and violence caused by the exercise of power by people and limiting the exercise of power to be based on the law. State power must be exercised based on the Constitution and laws, and the principle of separation of power and protection of trust are recognized as the principle of the rule of law. In accordance with the principle of separation of powers, Article 40 of the Korean Constitution stipulates that "legislative power belongs to the National Assembly," and stipulates that the authority over legislation is the unique authority of the National Assembly. Here, the question of the limitations and practical legitimacy of legislative power under Article 40 of the Constitution is a question. The legislative power of the National Assembly should not only be recognized for procedural legitimacy under the Constitution and laws, but also must have practical legitimacy that reflects the opinions and intentions of members who have delegated legislative power to the National Assembly. Here, the practical legitimacy of legislative power can be related to the purpose of legislation, so if the purpose of legislation has the purpose for those in power and power groups, it will be difficult to recognize the practical legitimacy of legislation. Moreover, it is correct to say that the exercise of power based on the law of purpose only for power groups is not a legitimate exercise of power, but rather an act of violence against the community of power groups disguised as law. It is also historical facts that the abuse of power by the power group will confuse the community inside, and the community will be forced to go down the path of abolition by internal division. Therefore, the purpose of exercising legislative power cannot be solely for the purpose of power, but practical legitimacy can be recognized when it is for the community and its members.

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