政黨自治와 그 限界에 관한 小考 = A Study on the Autonomy of the political Party and it's Limits

다국어 초록 (Multilingual Abstract)

The purpose of this study is to research the autonomy of the political party and it's limits. The political party has the characteristic power about it's own inner order. We called the power a political party's highest Power(Die politische parteien Hoheit) and the autonomy of the political party is admitted within it's own highest Power. The power is derived from the article 8 of the Constitution. This article 8 of the Constitution defines the legal character of the political party. Modern political system is characterized the Political State or the Constitutional State. Modern state should be the plural parties' state and this sort of state only can guarantee the freedom and righties of the citizen. If the autonomy of the political party schould't be operate well, the freedom and righties of the citizen also isn't guaranteed successfully. Thus it is very important to guarantee the autonomy of the political party in the modern state.
All the political party has the highest power of it's autonomy which consist of “The Highest Power of Organization and Finances”. These highest power is peculiar to the political party that is the sort of Society. But sometimes the parties would abuse their's highest power, sometimes the State would encroach on the highest power. And the essence of the autonomy of the political party and the establishment of it's limit. The right solution of these problem only depends on securing the democracity and publicity of political parties.
But if we can not find the democracity and publicity in the inner order of the political parties, the political party will result in Oligarchilization and Despotismalization, and modern democracy must be failed in the end. Thus today the democracity and publicity of political parties is guaranteed by the regulations of the Law of the Political Party. The Law of the Political Finances. The Law of the Public Office Election and Anti-Rigged Election as well as the Constitution in Korea. At this time, the role of the regulations is satisfied with supplementing the ideology of the article 8 of the Constitution. And The legislative formation power of The Legislature about the political party is very restrictive.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 憲法上 政黨條項의 法的 性格
• Ⅲ. 政黨에 관한 憲法條項과 限界
• 1. 憲法委任의 範圍
• 2. 政黨委任의 限界
• Ⅳ. 政黨自治와 限界
• 1. 政黨自治의 範圍
• 2. 政黨自治의 限界
• 1) 組織高權과 限界
• 2) 財政高權과 限界
• Ⅴ. 政黨自治의 問題點
• 1. 組織高權上의 問題
• 2. 財政高權上의 問題
• Ⅵ. 맺은말
• <참고문헌>