개헌절차의 숙의적 재구성: 공론조사 활용방안을 중심으로

초록

In the past, the subject and content of the constitutional amendment were mainly dealt with. Recently, however, interest in the constitutional amendment procedure is increasing as well as the substantive elements of the amendment. This is because no matter how in-depth the necessity and content of the amendment are discussed, the amendment is rarely passed. If so, interest has increased in how the amendment can be carried out regardless of the content request. On the other hand, constitutional amendments have been recognized as the exclusive property of representative institutions such as the National Assembly and the President, and referendums have been treated as a form of post-mortem and overall endorsement of their decisions. Now, there is a growing awareness that the people’s participation, especially ‘deliberate participation’, should be fully reflected in the constitutional amendment process as the owner of the constitution is the people. As the issue of constitutional amendment shifts from the subject and content to the issue of procedures and subjects, the theory of deliberative democracy is also dealt with importantly in the theory of constitutional amendment, and in particular, it is necessary to clarify the constitutional coordinates and limitations of deliberative polling as a specific methodology that combines citizens’ deliberations. This paper examines the theory of deliberative democracy and deliberative polling methodology for a long time, has a number of global practice cases, and at the same time has the biggest influence on recent cases of deliberative polling cases in Korea, James S. Fishkin, an American political and media communication scholar, and the use of deliberative polling in the Mongolian constitutional amendment process, which recently had a lot of influence when the Fishkin’s Lab directly consulted, and then examines constitutional theoretical issues that may be problematic in the application of deliberative polling methods in the constitutional amendment process. Finally, when a deliberative polling is introduced in our constitutional amendment process, the legal basis and major legislative issues are reviewed through the introduction of the Constitutional Amendment Procedure Act.

키워드