주민소환제의 적정화를 위한 법적 개선 과제

초록

The local recall system is a direct democratic tool for the control of local representatives but its functionary highest quality resides in being an instrument emancipator which comes to complement and supplant the representative democracy. Since the constitutional revision in 1987, local autonomy (which is restricted to abstract norms of Article 117 and 118) has showed an inadequate aspect in creating substantive democracy. In this light, the recall system serves as no less than a remarkable “emergency brake” that allows the citizenry, in their capacity as sovereigns, to dissect and interfere into local power. Nevertheless, after 20 years in existence it remains relatively ineffective because of formal restrictions on its use like inflexible petition and quorum requirements. This paper reconsiders the constitutional rationale for the recall and suggests a reform agenda. Petitional criteria would need to be adjusted based upon the population of the local area, and quorum rules revised to take into account democratic stability as well as citizen involvement. The menber recall of proportional representation needed to be handled with care in order not to politicize, or have excessive administrative costs. Yime saving digital teloos like electronic signatures can improve accessibility but are worker with airtight ID and data security protocols. In the end, though reforming the local recall is an effort to reconnect representative democracy and resident sovereignty, it is also a way of bringing our constitutional ideal of local control back into line with its practical reality.

키워드