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위임입법의 헌법적 한계에 관한 고찰 - 헌법재판소의 위헌심사기준에 대한 분석 및 평가를 중심으로 -

Author
홍석한
Journal Title
공법학연구
Publication Year
2010
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Summary

This study emphasizes the need for controlling delegated legislation due to its increase and potential to undermine constitutional values, and analyzes the Constitutional Court’s standards for reviewing the constitutionality of delegated legislation. While the Constitutional Court has established review criteria considering the necessity and predictability of delegation, it has faced criticism regarding a lack of consistency and insufficient harmonization between practical needs and constitutional limits. Therefore, the Constitutional Court should strive to establish clear criteria and apply them consistently regarding the limits of delegated legislation.

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