권력분립과 대통령제

Abstract

The power structure of presidential system is the power separation where the Legislature and the Administration relationship is strict and it becomes welfare state anger of the nation today and the power separation principal deteriorates in positive supply and administration. The transfiguration of the power balance which it follows in present-day tendency of power separation reappraisal is demanded from present-day viewpoint. It shares the rule form of the nation is principal of the power separation is rule system principal of the modern time legal state function with legislation administrative administration of justice and Legislature which becomes independent each the restraint and a balance of agency trade name for as Judiciary the Administration it maintains to prevent the concentration and a misappropriation of political power, it secures the freedom from of political power of the individual and the rule principal which does to sleep it means. The presidential system which is born from power separation objection, to form the nation in modern time and to be introduced the government form of presidential system in each country and the government form to be changing, objective and scope of 1st chapter research, present-day tendency of 2nd chapter power separation and change of 3rd chapter Procedural Legitimacy Security Plan, in basic volume of and 4th chapter Our Constitution and Form of Government, 5th chapter current presidential system, problem point of and 6th chapter current presidential system it will conclude, 7th in order to try to observe the control measures of fight power separation and present-day power separation objection in the center With universal tendency of today about 200 it aims a democracy from the country of the country and from presidential system the temperament of the leader importance is must elect the leader which has both a tenacity from the system. Control outside the inside of the government there is. The station of the prime minister of state of State Council suspicion, prime minister of state nomination my Chung and dismissal it proposes, there is an inquiry back of the advisory organs with government inside control. Outside the government control there is control due to the National Assembly court of justice Constitutional Court citizen with. National Assembly control to act at law of the nation of President there to be control which leads, at constitution a Supreme Court market justice of Supreme Constitutional Court market nomination motion back treaty contracting which is important ratification and declaration of war, national military overseas dispatch, foreign nation military force domestic main stream and generality it buys the prior consent due to National Assembly previously act, prime minister the Board of Audit and Inspection market there is. Time after death approval of the act which at law of the nation of President becomes accomplished the approval against a reserve fund expenses, an emergency order, an urgent establishment by law order, an urgent public finance economic order and a disposal and it is martial law cancellation demand volume. The even only proposes and parliamentary inspection investigation and prime minister of state dismissal, the government question back to lead it will be able to strengthen the control against President. The control due to the court of justice the order rule which President does the yes or no where the disposal is violated in constitution or law to the case where the prerequisite of justice becomes Supreme Court mind is a possibility of doing. The control due to the Constitutional Court will sell, the focus which burns unconstitutional legal judgment, constitutional appeal judgment and the authority dispute judgment back it will lead and the act at law of the nation of President against it will be able to control. Against the act at law of the nation of President the control due to the citizen limits in the case which feeble one President at constitution will send in national referendum and the control of main hoisting event is possible. Also the even only resistance volume event will be able to think but, President whom it follows in advancement of the information society act at law of the nation act at description below spreading or law of the nation and the control due to the public opinion which it is living even after difficulty was had a substantial effect and It maintains the nation today with power structure of authoritarianism and in the information society it will not can protect it is living Sound of all citizens public opinion anger it is in order for the composition of dual oppositions of the civil society and the national institution to maintain the rule form of power structure of today with advancement of the scalpel media which it does.