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홈 연구발간물 연구보고서

연구보고서

정책연구제주가안고있는문제나 국내외 여건변화등으로 예상되는 문제에 미리 대응함으로써 제주발전에기여하고연구결과의실현성을 제고합니다.

제주의 미래를 바라보는 현안연구

도민사회에 대두되고 있는 이슈 등 현안과제를 연구하여 도민사회에 지적논의의 장을 마련함으로써 도민공감대 형성 및 바람직한 해결방안을 모색하고자 합니다.

트위터 페이스북
제주특별자치도의 헌법적근거 마련방안 연구
  • 연구책임

    권영호

    발 행 일

    2008-12-31
  • 연구보고서파일

    제주특별자치도의 헌법적근거 마련방안 연구.pdf (1,724.71 KByte)

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  • 목     차

    제1편 헌법개정 일반론···········································································	1
    제1장 서론··························································································· 1
    1. 연구의 배경····················································································· 1
    2. 연구의 내용과 방법············································································ 2
    제2장 현행 헌법의 배경과 헌법현실····························································· 4
    1. 현행 헌법의 성립과 헌법개정의 필요성···················································· 4
    2. 헌법개정에 대한 반대론······································································ 9
    제3장 헌법개정의 전반적인 방향································································· 10
    1. 기본권 규정의 개정방향······································································ 10
    2. 국가권력구조의 개편방향····································································· 18
    3. 지방자치조항의 개정방향····································································· 20
    제4장 제주특별자치도의 발전방향과 헌법개정················································· 26
    1. 제주도 개발계획 개관········································································· 26
    2. 제주특별자치도의 성공적 정착을 위한 실현방안·········································· 27
    3. 제주특별자치도를 위한 헌법개정의 필요성················································ 32

    제2편 특별자치에 관한 비교법적 고찰························································ 36
    제1장 검토의 배경·················································································· 36
    제2장 특별자치의 개념 정립······································································ 39
    제3장 참고할 만한 각국의 입법례······························································· 40
    1. 포르투갈의 마데이라와 아조레스···························································· 40
    2. 기타 유럽지역의 특별자치 사례····························································· 51
    3. 홍콩 특별행정구의 사례······································································ 59
    4. 특별자치를 인정하지 않는 일본의 오키나와의 경우······································ 60

    제4장 외국 사례들이 주는 시사점······························································· 61
    1. 특별자치 실시의 필요성, 적절성과 관련하여·············································· 61
    2. 헌법적 근거 마련의 필요성의 측면························································· 62
    3. 헌법적 근거 마련의 의미와 한계···························································· 63
    4. 기타 : 용어사용과 관련하여·································································· 64

    제3편 제주특별자치도의 헌법적 보장························································· 65
    제1장 문제제기····················································································· 65
    제2장 제주특별자치도의 추진과정 및 모델····················································· 66
    1. 추진과정························································································· 66
    2. 추진모델에 관한 구상········································································· 66
    제3장 제주특별자치도법의 주요내용과 그 한계················································ 69
    1. 목적······························································································ 69
    2. 주요내용························································································· 69
    3. 제주특별자치도법의 헌법적 한계···························································· 70
    4. 소결······························································································ 72
    제4장 제주특별자치도의 헌법적 보장 내용····················································· 73
    1. 헌법적 보장에 관한 주요 모델 검토························································ 73
    2. 헌법적 보장 내용·············································································· 81
    3. 헌법에의 반영전략············································································· 83

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