美國聯邦大法院의 役割에 관한 分析 硏究 = The Role of the Supreme Court in American Governmental Process

다국어 초록 (Multilingual Abstract)

Alexis de Tocqueville observed that scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question. The statement is equally true today. It is well known that American government is so called judiociocracy or governmern by judges and the Supreme Court is a third chamber of the legislature.
Judge-made law plays a much larger part in the government of the American people than of the British. American judges are less attentive to the letter of the law or to precedent. They move freely in wider orbits. Both bench and bar make greater use of stat istical and other social studies, and the line between law and policy is often blured. These characteristics reach their peak in constitutional adjudication by the Supreme Court of the United States and the inferior federal courts.
The author's aims in these articles about constitutional adjudication are three:
The first is to indicate the kinds of questions with which the Supreme Court dleals and extent of the constitutional protection accorded individuals and minorities.
The second purpose is to inquire into the uses and abuses of constitutional adjudication as an instrument of social policy. Here the emphasis will be less on results than on the proper institutional limits of the judicial function.
The third, the article inquire into the sources of the legitimacy of the Supreme Court's constitutional decisions.
These three purposes underlie all this article and Contents of this article are as follows

Ⅰ. Introduction
Ⅱ. The Court's role in Governmental Process.
Ⅲ. The Court's role in Garantee of Individual Liberty
1. In troductory
2. The Court's and Individual Liberty
3. Equality and the Constitution.
Ⅳ. The Affirmative duties of Government
Ⅴ. Summary and Couclusion.

목차 (Table of Contents)

• Ⅰ. 問題의 所在
• Ⅱ. 統治體制에 있어서의 役割
• Ⅲ.·基本權 保障에 있어서의 役割
• 1.人權保障의 由來
• 2.個人的 自由保障
• 3.平等保障
• Ⅳ. 行政府의 積極的 義務
• Ⅴ. 要約 및 結論