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입법형성의 자유와 입법재량의 남용 - 입법사실확인(legislative fact-finding)에 대한 심사를 중심으로 -

Author

김영진

Journal Title

법학논집

Publication Year

2020

Topics

#Legislature

Summary

This paper explores the appropriate way for the judiciary to assess legislators’ legislative fact-finding. By analyzing the interaction between the Congress and the Judiciary in the U.S. and reviewing the decisions of the Korean Constitutional Court, it reveals that legislative fact-finding can be subject to review within the norm control system. This can lead to the practical acceptance of a wide-ranging legislative process review and contribute to the specific determination of the limits on legislative discretion.

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