‘위헌심사제도’의 타당성과 문제점에 관한 논의 : 다원주의에 대한 현실적 이해를 중심으로

Abstract

In pluralistic reality that is constructed in the basis of the logic of exclusion, author seeks the method for the turning of pluralistic reality to peaceful coexistence of pluralism in the constitutional purpose of liberalism on the basis of the logic subsumption. The constitutional value of liberalism pursuits the consideration and respect of minority. This is connected with the logic of subsumption that secures self-identity through other’s recognition. The constitutional value of liberalism morally justifies majority’s domination on the basis of the logic subsumption.<BR> Judical review not only guarantees but also performs the constitutional value of liberalism. Judical review aims parity participation through equality of status. Specially, the correcting role of judical review for equality of status morally justifies the demand of recognition to community members who agrees with the fair condition of social interaction. But judical review meets many obstacles in real operation. The first problem is connected with election of justice. The election of justice that is recommended from power of the state damages the autonomy of judical review. The second problem is the attitude of judical review’s justice. In the point that Judical review performs not at ethical sphere but moral sphere, the moral rigidness of judical review justice is demanded.