헌법개정의 절차적 방법론

다국어 초록 (Multilingual Abstract)

Our Constitution writes the process of the constitutional reform in brief manner from proposal to pronounce. It regulates the legally decisive steps to change the Constitutional Law. However, the step to discuss what they should change in the constitutional law has been unspoken by the constitution. Or we can say that our constitution leaves the discussion step of what they propose to 'the political area'. However, the most important step to change the constitution would be the step to discuss what to change before the proposal, which is not regulated in the Constitution. That step would be the virtually the decisive phase to concrete the changing subjects. It would need the most democratic methods to collect the public opinion especially including the minority's. The regulated step to vote is ruled by the majority vote. It means that the only chance to listen to the minority is the pre-step before the proposal. We dare to say that the democratic constitution would be the document integrating the wide social spectrum into it. So I think we should prepare the public opinion's plaza in changing the constitutional law. If it has no chance to listen to the minority, we might see the mere majority 's despotism would decide our constitutional law. When we examine the constitutional reform history, it is hard to find the pre-step to discuss what to change in the constitution in public. This would be the first time to make the constitution without any politically partial intention. I expect that this would be the reform model through the process of public discussion fully, which is the people's sovereign in concrete.