정치의 사법화(司法化)와 민주주의 = Judicialization of Politics and Democracy

다국어 초록 (Multilingual Abstract)

This paper analyzes the phenomenon of the expansion of judicial power from the perspective of `judicialization of politics` and critically looks at the effect `judicialization of politics` has on democracy. Our society is burdened with carrying out `democracy after democratization`. In such a society as ours, the phenomenon of `judicialization of politics` in society is being treated by scholars as an issue of conflict between rule of law and democracy. Important policy decisions being resolved through judicial processes rather than by political processes has its advantages and drawbacks, and therefore the effect of this phenomenon on democracy is also a double-edged sword. In this paper in order to understand this phenomenon which appears at a time where the constitutional law is taking root as a normative part of our daily lives, firstly we need to appreciate the change and expansion in the status of judiciary, the change in the role of the judges according to the social changes taking place, the diverse background on which `judicialization of politics` is built on, the characteristics of judicial decision model, and especially the characteristics of constitutional trials, and I emphasize that these must be studied in detail. On the basis of this analysis I evaluate the contribution of `judicialization of politics` to democracy taking into account the problem of representative democracy, the extent to which the civil society is activated, the capabilities of the judiciary, etc. While examining `judicialization of politics` and the issue of democracy, this paper delves deeper into the relationship between law and politics, especially the political characteristics of judiciary, the democratic character of judgments. Finally, as judicialization under the system of democracy is not simply a phenomenon which occurs due to a single factor, I assert that the appropriate countermeasure to overextensive judicialization of politics is not easy to find, and ask that judicial coordination is made into a task which must be continually carried out.

참고문헌 (Reference)

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