의회기불연속의 원칙과 관련한 헌법적 쟁점에 대한 연구 = A Study on Constitutional Issues in relation to the principle of discontinuity of the parliamentary term

다국어 초록 (Multilingual Abstract)

The term "principle of discontinuity of the parliamentary term” as proclaimed by Article 51 of the Constitution means that all bills, including legislative bills submitted to the National Assembly during a legislative session, are discarded with the expiration of the term of office of the member, and any bills that have not been completed during that legislative session must go through all procedures all over again in the newly formed parliament through elections. The principle of discontinuity of the parliamentary term is a principle recognized in relation to the processing of bills because the National Assembly, the legislative branch, is not an independent state agency, but an agreement-based state agency composed of a large number of lawmakers, so the previous and current legislative terms of the National Assembly are not only different in legal composition and nature, but also different in the content of democratic legitimacy granted to the National Assembly and its members by the sovereign people through the democratic election system.
If the legislative session expires before a bill passed by the National A ssembly is finalized into law, the bill will automatically lapse at the end of the legislative session due to the principle of discontinuity of the par liamentary term and the President cannot veto the bill regardless of whether he opposes it or not. Even if the President exercises the right to veto the bill after the expiration of the legislative period, it is constitutionally meaningless, and there is no legal effect from the exercise of the right to veto. Moreover, the provisions of the law on initiative ordinance, which stipulates that even if the term of office of the local councilor who received the initiative ordinance ends, the initiative shall not be discarded for failure to be voted on until the term of office of the next local councilor, violate the principle of discontinuity of the parliamentary term as stipulated in Article 51 of the Constitution.

참고문헌 (Reference)

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