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프랑스 헌법상 상원에 관한 연구

프랑스 헌법상 상원에 관한 연구 (Loan 4 times)

Material type
단행본
Personal Author
한동훈, 연구책임
Corporate Author
한국. 헌법재판소. 헌법재판연구원
Title Statement
프랑스 헌법상 상원에 관한 연구 / 헌법재판소 헌법재판연구원 [편]
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2016  
Physical Medium
v, 91 p. : 삽화, 도표 ; 26 cm
Series Statement
비교헌법연구 ;2016-B-1
General Note
연구책임: 한동훈  
Bibliography, Etc. Note
참고문헌: p. 85-89
000 00000nam c2200205 c 4500
001 000045864664
005 20160420133308
007 ta
008 160310s2016 ulkad b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000099-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z1 ▼c 2016.B.1
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 프랑스 헌법상 상원에 관한 연구 / ▼d 헌법재판소 헌법재판연구원 [편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2016
300 ▼a v, 91 p. : ▼b 삽화, 도표 ; ▼c 26 cm
440 0 0 ▼a 비교헌법연구 ; ▼v 2016-B-1
500 ▼a 연구책임: 한동훈
504 ▼a 참고문헌: p. 85-89
700 1 ▼a 한동훈, ▼e 연구책임
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z1 2016.B.1 Accession No. 111752843 Availability Available Due Date Make a Reservation Service B M
No. 2 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z1 2016.B.1 Accession No. 111752844 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 들어가는 말 / 1
Ⅱ. 프랑스 헌정사와 상원 / 6
1. 프랑스 헌정사의 전개와 상원의 등장 : 1795-1799 ········································· 6
2. 나폴레옹의 집정 및 제정체제하의 보수적 상원 : 1799-1814 ························ 7
3. 왕정복고기의 귀족원으로서의 상원 : 1814-1830, 1830-1848 ························· 8
4. 제2제정체제와 보수적 상원의 재등장 : 1851-1870 ········································· 9
5. 제3공화국과 공화주의적 상원 : 1875-1940 ···················································· 10
6. 제4공화국과 약화된 상원 : 1946-1958 ···························································· 13
7. 제5공화국의 불평등한 양원제 : 1958 - ·························································· 14
가. 프랑스 제5공화국 헌법상 상원 ································································· 14
나. 프랑스 제5공화국 헌정사의 전개와 상원 ················································ 15
(1) 1959-1969 : 대통령과의 긴장관계 ······················································ 15
(2) 1969-1981 : 성공적인 개혁 ·································································· 17
(3) 1981-2011 : 정권교체하의 상원 ·························································· 17
8. 소결 ····················································································································· 18
Ⅲ. 프랑스 상원의 구성 및 상원의원의 지위 / 20
1. 지방자치단체의 대표로서의 상원의 구성 ······················································· 20
가. 프랑스의 지방자치단체 ·············································································· 20
나. 프랑스 헌법규정과 상원의 구성 ······························································· 22
다. 상원의원의 선출방법 ·················································································· 23
(1) 상원의원 피선자격 ················································································ 23
(2) 선거인단 ································································································· 23
(가) 선거인단의 구성 ············································································ 23
(나) 상원의원의 수 ················································································ 25
(3) 상원선거의 특징 ··················································································· 26
라. 상원구성의 실제적 모습 ············································································ 28
(1) 여성상원의원의 지속적 확대 ······························································ 28
(2) 평균연령의 고령화 ················································································ 29
(3) 직업적 분포의 변화 ·············································································· 29
(4) 상원의원의 겸직형태 ············································································ 30
2. 상원의원의 지위 ································································································ 30
가. 상원의원의 직무수행을 위해 부여되는 보장 ·········································· 30
(1) 면책특권 ································································································· 30
(2) 재정적 및 사회보장적 지위 ································································ 31
(가) 상원의원의 세비 ············································································ 31
(나) 사회보장 및 퇴직연금 ·································································· 31
나. 상원의원의 겸직금지 ·················································································· 32
(1) 국가적 차원의 직위와의 겸직금지 ····················································· 32
(2) 선출직 간의 겸직의 금지 ···································································· 32
(3) 겸직이 금지되는 공적 직위 ································································ 33
(4) 겸직이 금지되는 사적 직위 ································································ 33
(5) 겸직금지를 위한 통제 ·········································································· 33
다. 상원의원의 의무 및 금지사항 ··································································· 34
Ⅳ. 프랑스 상원의 조직 / 35
1. 상원의장(président du Sénat) ············································································· 35
2. 상원사무국(Bureau du Sénat) ············································································ 37
가. 상원사무국의 구성 ······················································································ 37
(1) 상원의장의 선출 ··················································································· 38
(2) 부의장, 재무관 및 비서관의 지명 ······················································ 38
나. 상원사무국의 기능 ······················································································ 39
(1) 상원사무국의 집단적 책임 ·································································· 39
(2) 상원의 행정적 기능에 관한 책임 ······················································· 40
3. 재무위원회(Conseil de Questure) ······································································· 41
가. 재무관의 지위 ····························································································· 41
나. 재무관의 역할 ····························································································· 41
(1) 일반 행정 ······························································································· 42
(2) 안전 ········································································································ 42
(3) 예산의 준비 및 집행 ············································································ 42
4. 상임위원회(Commissions permanentes) ····························································· 43
가. 상임위원회의 구성 ······················································································ 43
나. 상임위원회의 주요 임무 ············································································ 44
(1) 법률안 심의 ··························································································· 45
(2) 정부의 통제활동 및 상원의원의 정보활동 ········································ 45
5. 의장단회의(Conférence des Présidents) ····························································· 46
6. 교섭단체(groupes politiques) ·············································································· 47
가. 교섭단체의 구성 및 내부적 조직 ····························································· 47
나. 교섭단체의 역할 ·························································································· 49
Ⅴ. 프랑스 헌법상 상원의 권한 및 역할 / 51
1. 프랑스 제5공화국 헌법 및 상원의 권한의 특징 ··········································· 51
가. 프랑스 제5공화국 헌법의 특징 ································································· 51
나. 프랑스 제5공화국 헌법상 상원의 권한 ···················································· 53
2. 상원의 입법권 ···································································································· 56
가. 프랑스 제5공화국 헌법상 입법권의 특징 ················································ 56
나. 프랑스 헌법상 입법절차 ············································································ 58
(1) 법률안의 제출 ······················································································· 58
(가) 정부에 의한 법률안의 준비 ························································· 58
(나) 법률안의 제출 ················································································ 59
(2) 법률안의 왕복심의(navette) ·································································· 60
(가) 제1독회 ··························································································· 61
(나) 이송과 제2독회 ·············································································· 64
(다) 타협의 절차로서 양원동수위원회 ··············································· 65
(라) 특별한 법률채택절차 ···································································· 67
(3) 법률의 공포 ··························································································· 68
(가) 공포 ································································································· 68
(나) 헌법재판소에 의한 사전적 위헌법률심사 ·································· 68
(다) 대통령에 의한 새로운 심의요구 ················································· 69
3. 상원의 통제권 ···································································································· 69
가. 통제권의 필수적 전제조건으로서의 정보를 얻을 권한 ························· 70
(1) 일부의 정부제출법률안(projet de loi)을 통한 정보제공 ··················· 70
(2) 질문권(question) ····················································································· 71
(3) 정부의 발표(déclaration) ······································································· 72
(4) 위원회의 정보 ······················································································· 73
(5) 정보단(mission d''information) 및 연구단체(groupes de travail) ········· 74
(6) 외부 및 내부 기관의 자문 ·································································· 74
(7) 원외기관에 대한 참여 ·········································································· 74
나. 조사권 ··········································································································· 75
(1) 조사위원회 ····························································································· 75
(2) 상임위원회의 조사권 ············································································ 76
(3) 예산통제 ································································································· 76
(4) 공기업 통제 ··························································································· 76
(5) 법률적용에 대한 통제 ·········································································· 77
(6) 정부의 유럽정책에 대한 조사 ····························································· 78
4. 헌정실제상 상원의 역할 ··················································································· 78
가. 상원의 입법권 ····························································································· 78
나. 상원의 통제권 ····························································································· 79
다. 상원의 지방자치단체의 이익의 보호를 위한 노력 ································· 80
(1) 헌법개정을 위한 노력 ·········································································· 80
(2) 상원의 통제기능을 통한 노력 ····························································· 82
Ⅵ. 맺음말 / 83
❚참고문헌 ······················································································································· 85
❚[그림 1] 선거구별 상원의원의 수 ············································································ 91

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