헌법재판소 판례에 대한 정치적 영향 분석

How Does the Political Attitudes of Constitutional Justice Affect Constitutional Court Decisions?

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

constitutional court; rate of unconstitutionality under government; political attitude of constitutional justice; improvement of appointment system of constitutional justice; 헌법재판소; 정권별 위헌비율; 재판관의 정치적 성향; 재판관 임명방식개선
제목
헌법재판소 판례에 대한 정치적 영향 분석
제목 (타언어)
How Does the Political Attitudes of Constitutional Justice Affect Constitutional Court Decisions?
저자
이창민; 이황희; 홍정민
DOI
10.46758/kjle.2019.12.16.3.307
발행일
2019-12
저널명
법경제학연구
권
16
호
3
페이지
307 ~ 334