직접민주주의규정의 헌법개정에 대한 검토

다국어 초록 (Multilingual Abstract)

  About 60 years ago, we, koreans, started democracy but our political condition is not up to our first ideal. That means dictatorship or quasi-democracy. in this reason, I decided to study Direct-Democracy to be a little help to korean democracy" development.<BR>  Lately, in korea, revision of the constitution is be under debate. So I came to write this these to make Direct-Democracy proposal.<BR>  IN korean constitutional law, Article Ⅰ, clause 1 has it that Korea is democratic republic, and Article Ⅰ, clause 2 has it that Sovereignty rests with the people. However the real situation is different. I think that it is our urgent need to replace formal Sovereignty with substantial Sovereignty. To realize substantial Sovereignty, We need Direct-Democracy which will, I believe, satisfy our real political demand. The reason why the principle of Sovereignty became formal, I think mainly, is that we have no effective way to take part in political decision. Namely although citizens want to participate in political decision, they can do so only in election and an opinion poll etc, not through direct Democracy. only through these rare chance, citizens cannot become ideal citizens. So ultimately Democracy cannot be completed. In this reason, direct Democracy is essential in completing Democracy.<BR>  Existing thearies treat principle of Sovereignty, and representative system and direct Democracy separately, but principle of Sovereignty is closely connected with representative system and direct Democracy because whether principle of Sovereignty is formal or active, functional and substantial, can be defined by how much representative system and direct Democracy are partitioned.<BR>  My assertion is that semi-directory system is the best political system because representative system and direct Democracy are not perfect itself.<BR>  Specially, in this thesis, I treat direct Democracy not because direct Democracy can replace representative system, but because direct Democracy can make up for the defect of representative system.<BR>  The main reason why direct Democracy can not be practiced is not only ideological, hegemonic problem but also we have no efficient way to practice direct Democracy. In this point, To practice direct Democracy. is most needed Specially E-Democracy provides e-vote and space for debate on which direct Democracy is based. In addition, mature people will to take part in political decision, makes direct Democracy practicable. Through all changes, we can challenge bloodless revolution and achieve the purpose of substantial Democracy.