민주주의 원리, 법치주의 원리, 복지국가 원리가 인권 및 기본권의 보장 측면에서 왜 중요한지에 대한 실증적 고찰 -대한민국 헌법과 실제 사례의 입각을 중심으로-

소개글

"민주주의 원리, 법치주의 원리, 복지국가 원리가 인권 및 기본권의 보장 측면에서 왜 중요한지에 대한 실증적 고찰 -대한민국 헌법과 실제 사례의 입각을 중심으로-"에 대한 내용입니다.

목차

Ⅰ. 서론 ·····················································································································1

Ⅱ. 민주주의의 원리 ·····································································································1
1. 민주주의의 개념 ········································································································1
2. 민주주의의 내용 ········································································································1
(1) 기본적 인권의 존중 ·····································································································2
(2) 권력분립의 원리 ········································································································2
(3) 의회제도 ·················································································································2
(4) 복수정당제도 ············································································································2
(5) 선거제도 ·················································································································2
3. 민주주의의 실제 사례 ·································································································2
(1) 제21대 국회의원 선거 ··································································································2
(2) 청와대 국민 청원 ·······································································································3
4. 민주주의의 의의 및 한계 ·····························································································3

Ⅲ. 법치주의 원리 ········································································································3
1. 법치주의의 개념 ········································································································3
2. 법치주의의 내용 ········································································································3
(1) 성문헌법주의 ············································································································3
(2) 기본권과 적법절차의 보장 ······························································································3
(3) 위헌법률심사 ············································································································4
(4) 공권력 행사의 예측 가능성 보장 및 신뢰 보호의 원칙 ······························································4
3. 법치주의의 구현 ········································································································4
(1) 죄형법정주의 ············································································································4
(2) 유추해석금지의 원칙 ····································································································4
(3) 과잉금지의 원칙 ········································································································4
(4) 명확성의 원칙 ···········································································································4
4. 법치주의의 의의 및 한계 ·····························································································4

Ⅳ. 복지국가 원리 ········································································································5
1. 복지국가의 개념 ·······································································································5
2. 복지국가 원리의 내용 ·································································································5
3. 복지국가 원리의 실제 사례 ··························································································5
4. 복지국가 원리의 의의 및 한계 ······················································································5

Ⅴ. 결론 ····················································································································6

Ⅵ. 참고문헌 ·············································································································6

본문내용

Ⅰ. 서론

헌법의 기본원리는 헌법의 사상적 기초인 동시에 헌법을 통치하는 인도 원리로서, 입법이나 정책 결정의 방향을 보여주고, 모든 국민과 국가기관이 헌법을 지키는 지침서가 되며, 구체적인 기본권을 끌어내는 근거가 될 수는 없으나 기본권의 해석 및 합헌 여부로서의 해석기준을 제공해 준다. 헌법재판소 1996. 4. 25.자 92 헌바 47.
그래서 헌법의 기본원리에 대해서는 학설이 다양하지만, 보통 대한민국헌법의 기본원리라 하면, 민주주의의 원리, 복지국가의 원리, 문화국가의 원리, 법치국가의 원리, 평화 국가의 원리 등을 꼽을 수 있다. 권영성, 『헌법학원론』 (법문사, 2010), 126면.
그중에서 ‘민주주의 원리’, ‘법치주의 원리’, ‘복지국가 원리’는 특히 중요한 원리들인데, 이 원리들이 나라의 구성원으로서 국민이 마땅히 누려야 할 기본적인 자유와 권리인 인권을 대표하기 때문이다. 그리고 이 원리는 기본권으로서 국민의 권리와 자유에 관한 조항들을 실정법인 헌법에 명시함으로써 제시하고 있다. 또한, 국가는 개인이 가지고 있는 인권을 보장할 의무를 갖는다. 헌법 제10조.

그렇다면 앞에서 말한 세 가지 원리들은 각각 어떤 방식으로 국가가 우리에게 인권 및 기본권을 보장해주는 것인지 의문을 제기할 수 있다. 이를 연구하기 위해 나는 각각의 원리들을 인권과 기본권의 측면에서 살펴보고, 이 원리들이 어떤 중요한 의미가 있는지 단순히 내 생각만 밝히는 것이 아닌 실증적으로 탐구해보고자 한다.
먼저 민주주의 원리, 법치주의 원리, 복지국가 원리, 각각의 개념을 살펴보고, 어떤 헌법 조항에 각각의 원리들의 특성이 드러났는지 볼 것이다. 그다음에 우리나라가 어떤 방식으로 우리의 인권 및 기본권을 보장하는지 실제 사례를 통해 확인할 것이다. 마지막으로 각각의 원리들의 한계점은 없는지 연구하고, 이 원리들을 보완하여 인권 및 기본권을 실질적으로 더 보장해줄 수 있는지 검토해보고자 한다.

Ⅱ. 민주주의 원리

1. 민주주의의 개념
민주주의는 국민에 의한 지배 또는 국가권력이 국민에게 속하는 것을 특징으로 하는 정치원리를 말한다. 권영성, 앞의 책, 136면.

참고 자료

안광복, 철학, 역사를 만나다, 웅진지식하우스, 2005
성낙인, 헌법학, 법문사, 2017
권영성, 헌법학원론, 법문사, 2010
김철수, 헌법학신론, 박영사, 2010
최희경, “국민이 공감하는 법치주의 실현방안”, 이화여자대학교 법학논집 제20권 제1호, 2015
국가인권위원회 웹페이지 https://www.humanrights.go.kr/site/main/index001
청와대 국민청원 웹페이지 https://www1.president.go.kr/petitions
두산백과, “중우정치”, https://terms.naver.com/entry.nhn?docId=1143705&cid=40942&
categoryId=31645
시사상식사전, “긴급재난지원금”, https://terms.naver.com/entry.nhn?docId=5932831&cid
=43667&categoryId=43667