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Constitutional issues in the legislative process of Korea : Problems and perspectives

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Frame of Image r strong public discontent over the way the legislature is doing its job. Underlying the time-worn parliamentary inefficiencies and irregularities are the efforts of changes and reforms initiated by the new-breed legislators especially since the inauguration of the 17th Assembly in 2004. Thus, the present paper purports to define the problem areas as they relate particularly to the law-making process which is deemed to be the primary role the Constitution mandates. By and large a system of bill introduction in a given nation does not by all means give rise to an issue for constitutional scrutiny. However the incumbent legislature saw to it that legislator-sponsored bills, as opposed to the government-introduced ones, were on the way of phenomenal increase. Those bills, many of them ill-prepared and conflicting with the existing laws, and others are deemed to be predicated upon the efficacy of constitutional control over the legislative procedure. The writer asserts that the so-called 'lending' and 'borrowing' of bill-sponsorship would raise all too clear unconstitutionality. The system of standing committees, largely modelled after the American Congress since
* Professor, College of Law, Chung-Ang University 1
2
Asia Law Review
[Vol. 3, No.1 : 1~12
early sixties have served its institutional purpose. Yet the operational aspect of the committees, commonly called as 'little legislatures', and for that matter subcommittees provides a dynamic constitutional debate yet to be settl


Full Text
Title Constitutional issues in the legislative process of Korea
Similar Titles
Sub Title

Problems and perspectives

Material Type Reports
Author(English)

Kwon, Youngsol

Publisher

[Seoul]:Korea Legislation Research Institute

Date 2006-06
Journal Title; Vol./Issue Asia Law Review:vol. 3(no. 1)
Pages 12
Subject Country South Korea(Asia and Pacific)
Language English
File Type Documents
Original Format pdf
Subject Government and Law < Laws and Legislation
Holding KLRI; KDI School

Abstract

Problems associated with the National Assembly, institutional, operational, or otherwise, are getting much more complicated in recent years. Most of the opinion surveys report rather strong public discontent over the way the legislature is doing its job. Underlying the time-worn parliamentary inefficiencies and irregularities are the efforts of changes and reforms initiated by the new-breed legislators especially since the inauguration of the 17th Assembly in 2004. Thus, the present paper purports to define the problem areas as they relate particularly to the law-making process which is deemed to be the primary role the Constitution mandates. By and large a system of bill introduction in a given nation does not by all means give rise to an issue for constitutional scrutiny. However the incumbent legislature saw to it that legislator-sponsored bills, as opposed to the government-introduced ones, were on the way of phenomenal increase. (The rest omitted)