로스쿨 헌법 강의방법론

Abstract

In this article, the author attempt to examine closely the differences between law school and college of law. And the author explain the methods of lecture in law school and introduce the cases. Law school should provide intensive lecture because the curriculum of law school is only three years. Law school graduates should take an bar examination, in which case method problem is asked in an bar examination. Furthermore the author discuss the concept of state, debate on the essence of democracy and the due process of law, comment on the fundamental principal of constitution. The state consists of three elements, which is nation, territory, sovereignty. This opinion is right but sufficient. What is the essence of the constitution? About the essence of constitution, there are a few opinions. According to the first opinion, It is said that the essence of constitution is norm. C. Schmitt argue that the essence of constitution is the decision of constituent power. According to R. Smend, the essence of constitution is the fundamental law- order in integrated process of the state. Democracy is the fundamental principal of constitution, that people should be the master of the state. Democracy denied heredity of the throne.