프랑스 이원정부제(혼합정부제)의 시사점

Abstract

The reason why the Constitution exists is ultimately to guarantee the basic rights of the people. State power is only a means to guarantee that. Therefore, the issue of the form of government on how to organize and exercise the power of the state should be the primary goal of guaranteeing the basic rights and improving the welfare of the people.
 In the meantime, various proposals have been presented regarding the constitutional amendment of the form of government, such as the dual executive system, the US-type pure presidential system, and the parliamentary cabinet system, etc. Among them, amending the Constitution of the dual executive system has risen rapidly since 2008, and in 2009, the National Assembly Constitutional Research Advisory Committee proposed the dual executive system as its first proposal, and in 2014, the National Assembly Constitutional Amendment Advisory Committee proposed it adding to the provisions of the Constitution as a constitutional amendment.
 The reasons for Korea's interest in the dual executive system can be summarized as follows: ➀ the need to divide power in the current presidential system, ➁ promoting the realization of responsible politics, ➂ satisfying the desire of the people for a direct presidential system, and ➃ the similarity between the current Constitution and the dual executive system, including the prime ministerial system, etc.
 France is a representative country adopting the dual executive system, and in the case of France, regime change is frequent. In the principle way that whether or not a regime change is well carried out is a criterion for diagnosing the soundness of a country's democracy, while democratic management of the state by the current government is also important for a regime change, it must be accompanied by institutional support to ensure that regime change occurs in a timely manner and following the will of the people.
 In this respect, the French dual executive system is considered that it is institutionally more suitable than other forms of government to realize the political will of the people as sovereigns in that both the presidential election and the National Assembly election can practically realize regime change.
 Each form of government has advantages and disadvantages. In principle, it was said that no matter how good the clothes are, they must fit my body to be my ones. Depending on the history, unique culture, and political situation of each country, the advantages in any country can also act as disadvantages in other countries. Therefore, even when discussing the form of government, not only the institution itself should be analyzed, but the history, unique culture, and political situation of each country should be analyzed equally along with institutional theories.