자치입법권의 한계와 확대 방안 연구- 인천광역시 지하도상가 관리 운영 조례 사례를 중심으로 -

초록

The purpose of this study is to examine the limitations and constraints of local autonomous legislation power through case analysis on the legislative process of the Incheon Metropolitan City Underpass Shopping Mall Management and Operation Ordinance, and to present solutions to substantially strengthen and expand local autonomous legislation power. Autonomous legislation power is the most essential and core autonomy that realizes the purpose of the existence of local governments. With changes surrounding local administration environment, revisions of laws and regulations have been steadily made, which contributed to the progress of self-government and decentralization. Yet, there are still many difficulties in forming the legislative basis for self-government through current self-government laws, because the nation’s Constitution and individual statutes related to local autonomy require the principle of affairs under one’s jurisdiction, the principle of primacy of the statutes, the principle of reservation of the laws, and the principle of check and balance between executive branches and legislative branches. In the case study on the Incheon Metropolitan City Underpass Shopping Mall management and operation ordinance, the limitation of self-governing legislation was affirmed as the ordinance can only be enacted under the principle of primacy of the statutes. Therefore, in order to expand self-governing legislative power, it is necessary to consider various measures, such as guaranteeing and strengthening the right to enact ordinances, expanding local affairs and power delegation capable of enacting ordinances, dividing legislation between the state and local governments, and strengthening mutual checks and supplementary functions between local legislative councils and executive branches.

키워드