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The purpose of this study is to research the conceptual import of the right of the participation in distribution(Teilhaberecht) and it's legal character. The right on the participation oin distribution would be called a social fundamental right or social right. A social fundamental right is the right to claim a presentation about goods and acts against the state. Today, the individual rights of liberty ends to have not a full effect of protecting real liberty, because citizens have been deprived of the social preconditions of it's rights and lost the capability of possessing it's own rights. Therefore the liberty is't present and real for citizen in these circumstances. From now on, it is necessary to reconsider the meanings and legal character of the right of liberty and empathize the beneficiary character on the rights of liberty. This study aims to deduce the right of the participation in distribution from the right of liberty. But our purpose is sometimes criticized in legal theory that the right of liberty is a negative-defensive right and the other hand the right on the participation in distribution is a positive right. So some portion of scholar denies the concept of the right on the paricipation in distribution. In this paper, we'd like to reexplain the right of liberty and to overcome the traditional theoretical limitation of the right of liberty in order to enhance the quality of life or liberty. We can conclude as following; All the fundamental right have a character of objective institutions as well as a subjective right, and the right on the participation in distribution is the right that has the complementary function of the liberty in order to participate in the process of a sort of distribution of goods and acts. The right of claims of the benefit(Leistungsrecht) is different from the right on the paricipation in distribution, the former is the right of claims that aims for a present benefit, but on the other the latter is the right of claims that doesn't always aims for a real benefit and sometimes aims to participate in the process of distribution for the present or future benefit. In the end, the distributive right that means the possibility of the reservation for the participation in distribution is the right of the possibility of the reservation for guaranteeing the minimum standard of the conditions of fulfilling the fundamental right. Today modern state have the duty to grarantee these condition.s But in the oong run, there is no doubt that these problem are a political and financial things. Nevertheless the right on the participation in distribution is very important for citizen to realize his own liberty, the right also has a set limitations.
Korean constitution has been based on the principle of the Nation State. Korea as a nation state was composed of Korean Nation. Korean nation evolved out of natural nation in immemorial times into cultural nation and political nation. As cultural nation, Korean people has it,s own traditional and national culture. A national culture in Korea brought up Korean nationalism. And korean nationalism was developed from cultural nationalism to political nationalism. In the end, Korean nationalism contributed the foundation of Republic of Korea Government born of the March First Independence Movement of 1919. But after Independence Korea separated two state, south and north. And political nationalism in Korea was not completed yet. But nationalism in Korean Constitution was formed of the important principle of Constitution. In korean modern history, korean nationalism had contributed to the foundation of Korea and had became the national ideal envisioned on the founding of a country. So in the preamble of our constitution, constituion declare as following; We the people of Korea, proud of a resplendent history and traditions dating from time immemorial, upholding the cause of the Provisional Republic of Korea Government born of the March First Independence Movement of 1919 and the democratic ideals of the April Nineteenth Uprising of 1960 against injustice, having assumed the mission of democratic reform and peaceful unification of our homeland and having determined to consolidate national unity with Justice, humanitarianism and brotherly love. In spite of dispute on the character of nation state of Korean Constitution, We can not deny the nationalism in korean constitution and character of nation state. The principle of nation state of our korean constitution is a free democratic nation state. And the character of a free democratic nation state involve character of open nation state, peaceful nation state, cultural nation state.
This paper aims to study a ruling system and it's characteristic of Indian federal constitution. We can find the following facts in Indian constitution.; The Indian constitution was passed by the Constituent Assembly on 26 Nov 1949 and is fully applicable since 26 Jan 1950. Since 1950, 78th amendment was taken in 30 Aug.1995. India is a sovereign socialist secular federal democratic republic of 28 states and seven Union Territories. The executive power ofthe Union shall be vested in the President. There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice. In spite of parliamentary govemment, lndia has a vice-president to be ex-officio Chairman of the Council of States and to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President. Each state is administered by a Govemor appointed by the President while each Union Territory is administered by the President through a Minister. And the bicameral parliament is composed of the Council of States(Rajya Sabha) and the House of the People(Lok Sabha). The president has power to nominate 12 persons of The Council of States, having special knowledge or practical experience in respect of literature, art, science and social service, and to exercise the executive power of the Union and the supreme command of the defence forces of the Union, to promulgate An Ordinance, etc. 인도의 헌법개정은 헌법개정법률의 형식으로 이루어지며,헌법개정법률은 양원이 모두 제출할 수 있고,개정안이 양원의 재적의원 과반수의 찬성과 재적의원 2/3의 출석과 투표로 의결되며,대통령의 승인을 필요로 한다. 단 개정안이 대통령선거,연방 및 주정부의 집행권범위,연방사법권 둥과 같이 정부구조에 관한 것일 때에는 대통령의 승인에 앞서 각 주 의회의 1/2이상의 비준을 얻어야 한다(제 368조 2항). 인도헌법은 1950년 제정된 이래 1996년까지 79번째 개정되었으며 헌법개정에 있어서 미국과 같은 나라들과는 달리 반드시 각 주의 비준이나 동의 절차를 필요로 하지 않아 개정절차가 상대적으로 용의하다. 이와 같이 인도 헌법의 軟性性은 일반 법률과 같이 구체적이고 상세한 내용을 방대하게 수록한 헌법의 내용이 그 만큼 상황변화에 따른 개정의 필요성도 많았을 것임이므로 헌법개정절차가 지나치게 엄격하면 인도와 같이 이질성과 다양성이 많은 사회에 있어서 규범적 통일성을 기하기 매우 어려웠을 것이다. 오늘날 인도가 지구상에서 비교적 정치적 갈등과 혼란을 극복하면서 민주적인 정권교체를 성공적으로 이루어 나가는 몇 안되는 나라인 점을 생각하면 이러한 성공의 요체 중의 하나가 인도헌법이 연성헌법이라고 하는 특성을 잘 활용하고 있다고 하는 점이다.
Thailand is a constitutional monarchy where the king has many prerogatives as Head of the State. Between 1932 and 1997, Thailand had 15 constitutions and 17 military coups. on 2 July 1995, Thailand, after having abolished absolute monarchy 60 years ago, had the first "real" parliament elections where the military had no right to veto successful candidates. The latest constitution was adopted by parliament in 1997 after extensive public consultation. It mainly tries to get rid of vote-buying and also introduces proportional representation for some seats, establishes an independent election commission. The new constitution further requires all cabinet members to resign their parliamentary seats. Senators will be elected rather than royally nominated. Thai goverment system in 1997 is fundamentally parliamentary cabinet system, but it" s transformational dual one. Especially we can conclude that a characteristic of governmental system of Thai Constitution in 1997 is a leading constitutional monarchy where King leads substanrionally general affairs of state.
The purpose of this article is to study some problems of The Right of Personality in Cyberspace(Cyberego). The right of personality contains many sort of human rights, also many aspects of legal problem. In order to discuss these problems in cyberspace, first of all, we have to define the conception of cyberspace. Cyberspace is called a universal bioelectronic environment, which is more ecosystem than machine that is a consensual hallucination experienced daily by billions of legitimate users. So we may call these type of modern human being "Homo Cyberians". A graphic representation of data abstracted from the banks of every computer in the human system. But people are increasingly building cyberspatial "warehouses" of data, knowledge, information and misinformation in digital form. What they contain is accessible only to those with the right kind of portal and key. The key is software, a special form of electronic knowledge that allows people to navigate through the cyberspace environment and make its contents understandable to the human senses in the form of written language, pictures and sound. But data and information in cyberspace is apt to be hacked. So the right of dignity in cyberspace is also inclined to be encroached. And operator`s ID is one of the key to navigate through the cyberspace. Therefore anyone who wants to navigate almost must have ID. ID is a sort right of personality in cyberspace. ID isn`t always prove the truthfulness of real person. But anonymous ID extends the freedom of expression. Encryption of data protects privacy right. Censorship of contents on Internet threaten the freedom of Web. These problems is very important to the right of dignity of user. The problem of protection of the human right isn`t only legal problem but cyberspatial culture problem. Fist of all we should establish proper netiquette.