사법권력 강화가 갖는 정치적 동학과 자유민주주의체제의 안정성: 한국에서의 사법부 위상변화에 대한 통섭적 접근

초록

The role of judicial branch has increased since the democratization of Korea and consequently, become a major counteractor toward other branches. This paper analyses the strengthening process of judicial branch based on liberal point of view through dealing with the features and relative limits of judicial branch comparing to other branches in terms of lacking constituents and organization. the basic assumption of this paper is that the expansion of judicial branch is necessary to promote liberal democracy. This paper takes comparative method using two countries such as Korea and the United States system to verify how this changes affects and evolves in practical political domain. The tension between other branches such as executive and legislature, liberalism and republicanism,democracy and constitutionalism, judicial activism and judicial restraint will be elaborated.

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