헌법재판소 판례에 대한 정치적 영향 분석

초록

This paper provides empirical evidences for the effects of politics (political attitudes of constitutional justice) on constitutional court decisions. Our main findings are as follows. The rate of unconstitutionality is higher under progressive presidential regimes than conservative ones, which is 14% compared to 10%. The regression analysis shows that presidential regime and political attitudes of constitutional justice is positively associated with the rate of unconstitutionality. The rate of unconstitutionality is higher at the time of president YS. Kim and DJ. Kim than conservative presidential regimes by 22% and 10%, respectively. Finally, the political attitudes of constitutional justice is more likely to be correlated with the rate of unconstitutionality than the political preference of presidential regime.

키워드