HOME > 상세정보

상세정보

프랑스 헌법상 표현의 자유

프랑스 헌법상 표현의 자유

자료유형
단행본
개인저자
한동훈, 연구책임
단체저자명
한국. 헌법재판소. 헌법재판연구원
서명 / 저자사항
프랑스 헌법상 표현의 자유 / 헌법재판소 헌법재판연구원 [편]
발행사항
서울 :   헌법재판소 헌법재판연구원,   2016  
형태사항
iv, 62 p. ; 26 cm
총서사항
비교헌법연구 ;2016-B-5
일반주기
연구책임: 한동훈  
서지주기
참고문헌: p. 59-62
000 00000nam c2200205 c 4500
001 000045882625
005 20170920154817
007 ta
008 160923s2016 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000119-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z1 ▼c 2016.B.5
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 프랑스 헌법상 표현의 자유 / ▼d 헌법재판소 헌법재판연구원 [편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2016
300 ▼a iv, 62 p. ; ▼c 26 cm
440 0 0 ▼a 비교헌법연구 ; ▼v 2016-B-5
500 ▼a 연구책임: 한동훈
504 ▼a 참고문헌: p. 59-62
700 1 ▼a 한동훈, ▼e 연구책임
910 0 ▼a Constitutional Research Institute, ▼e
945 ▼a KLPA

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 342 2016z1 2016.B.5 등록번호 111761777 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

Ⅰ. 서론 / 1
1. 연구의 의의 및 필요성 ······················································································· 1
2. 연구의 방법 및 구성 ··························································································· 2
Ⅱ. 표현의 자유의 프랑스적 특수성 / 4
1. 표현의 자유의 사상적 기초 ··············································································· 4
가. 영미의 접근방법에 대한 프랑스의 시각 ···················································· 4
나. 영미의 접근방법에 대한 프랑스적 검토 및 프랑스의 접근방법 ············ 5
(1) 영미의 접근방법에 대한 프랑스적 시각의 검토 ································ 5
(가) 진리의 발견에 대한 프랑스적 특수성 ·········································· 6
(나) 시민의 민주주의 기능(운영)에 대한 참여에 대한
프랑스적 특수성 ·············································································· 6
(다) 정부에 대한 합당한 의심을 제기하는 것에 대한
프랑스적 특수성 ·············································································· 7
(2) 프랑스의 접근방법 ················································································· 7
(가) 자연권으로서의 표현의 자유 ························································· 7
(나) 국가적 간섭(intervention)과 지원이 존재하는 권리로서의 성격 ·· 8
2. 표현의 자유의 역사적 전개의 특수성 ······························································ 9
가. 의의 ················································································································ 9
나. 영미의 표현의 자유의 역사적 검토 ··························································· 9
다. 프랑스에서의 표현의 자유의 역사적 전개 ·············································· 10
(1) 1881년 이전의 표현의 자유 ································································ 11
(가) 구체제(Ancien Régime)하의 표현의 자유 ··································· 11
(나) 프랑스 대혁명기의 표현의 자유 ················································· 12
(다) 나폴레옹 시대 ··············································································· 13
(라) 왕정복고 및 7월 왕정 시대 ························································· 14
1) 왕정복고체제 ··········································································· 14
2) 7월 왕정체제 ··········································································· 15
(마) 제2공화국 ······················································································· 15
(바) 제2제정체제 ··················································································· 16
(2) 1881년 이후의 표현의 자유 ································································ 16
(가) 1881년에서 1944년의 언론체제 ··················································· 16
1) 1881년 언론의 자유에 관한 법률의 의의 ···························· 16
2) 1881년 언론의 자유에 관한 법률의 기본체계 ···················· 17
3) 1881년 언론의 자유에 관한 법률의 기본원칙 ···················· 17
(나) 제2차 세계대전 이후 및 제5공화국시기까지의 언론체제 ······· 18
Ⅲ. 프랑스 헌법상 표현의 자유의 헌법적 근거, 특징 및 내용 / 20
1. 프랑스 헌법상 표현의 자유의 헌법적 근거 ··················································· 20
가. 1789년 인권선언의 제정과 표현의 자유 ·················································· 20
나. 1789년 인권선언 제11조의 의미 ······························································· 21
2. 프랑스 헌법상 표현의 자유의 특징 ································································ 23
가. 다른 가치들과 조화되어야 하는 자유 ······················································ 23
나. 입법자가 조정하는 자유 ············································································ 24
(1) 1789년 인권선언 상의 법률의 개념 ··················································· 24
(2) 표현의 자유에 대한 입법자의 조정 ··················································· 25
3. 프랑스 헌법상 표현의 자유의 내용 ································································ 26
가. 속박의 부재 ································································································· 26
나. 다원주의의 존중 ·························································································· 27
(1) 프랑스 헌법재판소의 1984년 10월 11일 결정 ·································· 27
(2) 프랑스 헌법재판소의 1984년 10월 11일 결정의 의미 ····················· 29
(가) 표현의 자유의 개념의 현대화 ····················································· 29
(나) 다원주의에 대한 존중의 구체적 의미 ········································ 29
Ⅳ. 표현의 자유에 대한 제한 / 31
1. 헌법적 요청의 보호를 위한 제한 ···································································· 32
가. 공적 질서와 타인의 자유의 보호 ····························································· 32
(1) 공적 질서의 보호 ················································································· 32
(2) 타인의 자유의 보호 ·············································································· 33
(가) 명예훼손 ························································································· 33
1) 명예훼손죄(diffamation)의 의의 ············································· 33
2) 명예훼손죄에 대한 법원의 입장 ··········································· 34
가) 명예훼손죄의 성립요소 ·················································· 34
나) 피소추자의 방어수단 ······················································ 35
(나) 반론권 ····························································································· 36
1) 반론권의 의의 ········································································· 36
2) 반론권의 개시 ········································································· 37
3) 반론권의 행사 ········································································· 37
4) 반론권에 대한 판례의 일반적 태도 ····································· 38
(다) 사생활의 존중 ··············································································· 39
1) 의의 및 법적 근거 ·································································· 39
2) 법원의 입장 ············································································· 40
가) 사생활 보호를 위한 여러 조치들 ································· 40
나) 사생활에 속하는 것 ························································ 40
다) 초상권(droit à l’image)의 문제 ······································· 41
나. 공화국의 가치 보호 ···················································································· 41
2. 표현의 자유와 역사적 법률의 문제 ································································ 44
가. 역사적 법률의 의의 ···················································································· 44
나. 역사적 법률의 사례 ···················································································· 44
다. 역사적 법률의 문제점에 대한 기존의 논의 ············································ 47
(1) 입법자의 권한의 측면의 문제점 ························································· 47
(2) 평등 원칙 및 죄형법정주의 위반 ······················································· 48
(3) 학문의 자유에 대한 침해 ···································································· 48
(4) 외국의 역사판단에 대한 부당한 간섭 ··············································· 49
라. 역사적 법률에 대한 프랑스 헌법재판소의 입장
- 2012년 2월 28일 결정(n°2012-647) 을 중심으로 ·································· 49
(1) 심판대상법률 ························································································· 49
(2) 프랑스 헌법학회의 의견 ······································································ 51
(가) 죄형법정주의 위반 ········································································ 52
(나) 입법자의 권한, 평등원칙 등 위반 ·············································· 52
(다) 사상, 표현 및 연구의 자유 위반 ················································ 53
(3) 판시사항 ································································································· 53
(가) 심판대상 법률규정에 대한 검토 ················································· 53
(나) 제소권자의 주장 ············································································ 53
(다) 법률의 의미에 대한 판단 ···························································· 54
(라) 표현의 자유에 대한 입장과 심판대상법률에 대한 판단 ········· 54
Ⅴ. 결론 및 시사점 / 56
❚참고문헌 ······················································································································· 59

관련분야 신착자료