헌법학(중)(2판)
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『헌법학(중)』은 저자가 헌법Ⅰ(1999. 7.)과 헌법Ⅱ(2000. 3.)를 출판하고 난 후 출판된 10여 종 넘는 헌법교과서들 가운데서 계속해서 출간되고 있는 교과서들의 내용을 검토하여 수록하였다. 다음으로, 2000년대 들어서면서 여러 논문집에서 훌륭한 논문들이 많이 발표되고 있어 그 내용도 가능하면 검토하여 수록하고자 하였다.
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第4 編 個別基本權
第1 章 基本權保障의 理念과 包括的 基本權
第1 節 人間의 尊嚴과 價値······················································································ 3
1. 憲法規定·································································································· 3
(1) 人間의 尊嚴을 規定하고 있는 憲法·················································· 3
(2) 人間의 尊嚴을 規定한 憲法規定의 의미 ·········································· 4
(3) 人間의 尊嚴規定에 影響을 준 문서 ·················································· 4
(4) 人間의 尊嚴性規定의 韓國憲法에의 수용 ········································ 4
2. 人間의 尊嚴과 價値의 意義································································ 5
(1) '人間으로서의 尊嚴과 價値'의 槪念·················································· 5
(2) 人格主義的 人間觀의 表現································································· 9
(3) 人間은 왜 尊嚴한가 ············································································ 9
3. 人間의 尊嚴과 價値의 法的 性格···················································· 11
(1) 學 說······························································································· 11
(2) 私 見······························································································· 12
4. 具體的 權利性 與否············································································ 14
(1) 學說 및 判例······················································································· 14
(2) 私 見······························································································· 17
5. 人間의 尊嚴과 價値의 主體······························································ 33
(1) 自然人··································································································· 33
(2) 人間의 死體························································································· 34
6. 人間으로서의 尊嚴과 價値의 效力··················································· 35
7. 人間으로서의 尊嚴과 價値의 制限··················································· 35
(1) 學 說······························································································· 35
(2) 私 見······························································································· 35
第2 節 幸福追求權······································································································ 37
1. 憲法規定, 由來 및 基本權體系上의 問題點··································· 37
(1) 憲法規定과 그 由來··········································································· 37
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(2) 幸福追求權規定의 수용배경 ······························································ 37
(3) 幸福追求權規定을 수용한 데 대한 학계의 견해 및 사견 ············ 38
2. 幸福追求權의 槪念·············································································· 39
3. 幸福追求權의 主體·············································································· 41
4. 幸福追求權의 法的 性格···································································· 41
(1) 槪 觀······························································································· 41
(2) 學 說······························································································· 41
(3) 學說에 대한 檢討··············································································· 45
(4) 私 見······························································································· 48
5. 幸福追求權의 內容·············································································· 49
(1) 學說과 判例························································································· 49
(2) 새로운 학설 ·························································································· 52
(3) 私 見······························································································· 55
(4) 具體的 內容과 適用··········································································· 56
6. 幸福追求權의 效力·············································································· 59
7. 幸福追求權의 限界와 制限································································ 59
8. 幸福追求權의 侵害와 救濟································································ 61
(1) 侵 害······························································································· 61
(2) 救 濟······························································································· 61
第3 節 平等의 原理와 平等權················································································ 61
1. 沿革 및 憲法規定················································································ 61
(1) 平等思想의 展開와 憲法에의 受容·················································· 61
(2) 憲法規定······························································································· 63
2. 平等規定의 法的 性格········································································ 63
(1) 平等의 原理························································································· 64
(2) 一般的 平等權····················································································· 65
3. '法 앞에 平等'의 主體········································································ 66
(1) '法 앞에 平等'의 主體······································································· 66
(2) 外國人의 主體性 與否······································································· 66
4. 平等規定의 內容: '法 앞에 平等' ····················································· 69
(1) 法의 意味····························································································· 69
(2) 平等의 意味························································································· 69
5. 平等規定의 適用·················································································· 78
(1) 差別禁止事由······················································································· 78
(2) 差別禁止領域······················································································· 80
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6. 平等規定의 效力·················································································· 84
7. 우리 憲法上 平等原理의 具現形態·················································· 84
(1) 特權制度의 禁止················································································· 84
(2) 個別的 平等規定················································································· 85
8. 平等規定의 制限·················································································· 86
(1) 憲法規定에 의한 制限······································································· 86
(2) 法律規定에 의한 制限(제37조 제 2 항) ··········································· 87
(3) 緊急命令 등에 의한 制限(제76조) ··················································· 88
第2 章 自由權的 基本權
第1 節 槪 觀········································································································· 90
1. 自由權을 처음 規定한 憲法文書······················································· 90
2. 自由權의 一次的 機能········································································ 90
3. 自由權의 本質······················································································ 90
4. 自由權의 主體······················································································ 91
5. 自由權의 性格變化·············································································· 91
6. 自由權의 分類方法·············································································· 92
(1) 學 說······························································································· 92
(2) 私 見······························································································· 92
第2 節 身體의 自由··································································································· 93
1. 憲法規定 및 意義················································································ 93
(1) 憲法規定······························································································· 93
(2) 意義 및 沿革······················································································· 93
2. 身體의 自由·························································································· 94
(1) 身體의 自由의 槪念··········································································· 94
(2) 身體의 自由의 主體··········································································· 95
(3) 身體의 自由의 內容··········································································· 95
(4) 身體의 自由의 效力··········································································· 97
(5) 身體의 自由의 制限과 限界····························································· 97
3. 身體의 自由의 實效的 保障을 위한 制度들 ··································· 99
(1) 身體의 自由를 실효적으로 保障하기 위한 여러 制度들의
體系化·································································································· 99
(2) 罪刑法定主義····················································································· 101
(3) 適法節次의 原理··············································································· 105
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(4) 事前令狀主義····················································································· 109
(5) 拘束適否審査制度············································································· 112
(6) 身體의 自由에 대한 그 밖의 保障················································ 114
第3 節 居住 移轉의 自由····················································································· 118
1. 憲法規定 및 沿革·············································································· 118
(1) 憲法規定····························································································· 118
(2) 국가이념사와 居住移轉의 自由··················································· 118
(3) 居住移轉의 自由의 헌법사적 의의 ············································· 118
(4) 居住移轉의 自由의 현대적 기능 ················································· 119
2. 居住移轉의 自由의 主體······························································· 119
(1) 居住移轉의 自由의 主體······························································ 119
(2) 脫北住民의 入國의 問題································································· 119
3. 居住移轉의 自由의 槪念 및 內容··············································· 121
(1) 槪 念····························································································· 121
(2) 內 容····························································································· 121
4. 居住移轉의 自由의 效力······························································· 122
5. 居住移轉의 自由의 制限과 限界················································· 123
(1) 居住移轉의 自由를 制限하는 法律············································ 123
(2) 居住移轉의 自由關聯 憲法裁判所決定例·································· 124
(3) 制限의 限界······················································································· 124
第4 節 職業選擇의 自由························································································· 125
1. 憲法規定 및 沿革·············································································· 125
(1) 憲法規定····························································································· 125
(2) 沿 革····························································································· 125
2. 職業選擇의 自由의 意義 및 法的 性格········································ 126
(1) 意 義····························································································· 126
(2) 法的 性格··························································································· 126
3. 職業選擇의 自由의 主體·································································· 127
(1) 學 說····························································································· 127
(2) 私 見····························································································· 128
4. 職業選擇의 自由의 內容·································································· 129
(1) 職業의 槪念······················································································· 129
(2) 職業選擇의 自由의 內容································································· 129
(3) 職業의 自由와 營業의 自由의 相互關係······································ 132
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5. 職業選擇의 自由의 效力·································································· 133
6. 職業選擇의 自由의 制限 및 限界·················································· 133
(1) 制 限····························································································· 133
(2) 職業의 自由의 制限에 대한 段階理論·········································· 134
(3) '國家留保'(Staatsvorbehalt)의 問題-公務員數의 制限과
職業選擇의 自由·············································································· 139
(4) 制限의 限界······················································································· 140
第5 節 住居의 自由································································································· 142
1. 憲法規定 및 沿革·············································································· 142
(1) 憲法規定····························································································· 142
(2) 沿 革····························································································· 142
2. 住居의 自由의 意義 및 法的 性格················································ 142
(1) 意 義····························································································· 142
(2) 法的 性格··························································································· 143
3. 住居의 自由의 主體·········································································· 143
4. 住居의 自由의 內容·········································································· 143
(1) 住居의 槪念······················································································· 143
(2) 住居의 自由의 內容········································································· 144
5. 住居의 自由의 效力·········································································· 146
6. 住居의 自由의 制限·········································································· 146
第6 節 私生活의 秘密과 自由·············································································· 147
1. 憲法規定 및 沿革·············································································· 147
(1) 憲法規定····························································································· 147
(2) 沿 革····························································································· 147
2. 私生活의 秘密과 自由의 主體························································ 148
3. 私生活의 秘密과 自由의 內容························································ 148
(1) 槪念 및 法的 性格··········································································· 148
(2) 具體的 內容······················································································· 150
4. 私生活의 秘密과 自由의 效力························································ 152
5. 私生活의 秘密과 自由의 限界와 制限··········································· 152
(1) 限 界····························································································· 152
(2) 制 限····························································································· 154
x 차 례
第7 節 通信의 自由································································································· 154
1. 憲法規定 및 沿革·············································································· 154
(1) 憲法規定····························································································· 154
(2) 沿 革····························································································· 154
2. 通信의 自由의 機能 및 法的 性格················································ 155
(1) 機 能····························································································· 155
(2) 法的 性格··························································································· 155
3. 通信의 自由의 主體·········································································· 155
4. 通信의 自由의 內容·········································································· 156
(1) 槪 念····························································································· 156
(2) 通信의 秘密의 不可侵····································································· 156
(3) 電氣通信盜聽의 禁止······································································· 156
5. 通信의 自由의 效力·········································································· 157
6. 通信의 自由의 限界 및 制限·························································· 158
(1) 限 界····························································································· 158
(2) 制 限····························································································· 158
第8 節 良心의 自由································································································· 160
1. 憲法規定 및 沿革·············································································· 160
2. 良心의 自由의 法的 性格································································ 160
3. 良心의 自由의 主體·········································································· 161
4. 良心의 自由의 內容·········································································· 161
(1) 良心의 槪念······················································································· 161
(2) 良心의 自由의 具體的 內容··························································· 163
5. 良心의 自由의 效力·········································································· 173
6. 良心의 自由의 限界 및 制限·························································· 174
(1) 學 說························
第1 章 基本權保障의 理念과 包括的 基本權
第1 節 人間의 尊嚴과 價値······················································································ 3
1. 憲法規定·································································································· 3
(1) 人間의 尊嚴을 規定하고 있는 憲法·················································· 3
(2) 人間의 尊嚴을 規定한 憲法規定의 의미 ·········································· 4
(3) 人間의 尊嚴規定에 影響을 준 문서 ·················································· 4
(4) 人間의 尊嚴性規定의 韓國憲法에의 수용 ········································ 4
2. 人間의 尊嚴과 價値의 意義································································ 5
(1) '人間으로서의 尊嚴과 價値'의 槪念·················································· 5
(2) 人格主義的 人間觀의 表現································································· 9
(3) 人間은 왜 尊嚴한가 ············································································ 9
3. 人間의 尊嚴과 價値의 法的 性格···················································· 11
(1) 學 說······························································································· 11
(2) 私 見······························································································· 12
4. 具體的 權利性 與否············································································ 14
(1) 學說 및 判例······················································································· 14
(2) 私 見······························································································· 17
5. 人間의 尊嚴과 價値의 主體······························································ 33
(1) 自然人··································································································· 33
(2) 人間의 死體························································································· 34
6. 人間으로서의 尊嚴과 價値의 效力··················································· 35
7. 人間으로서의 尊嚴과 價値의 制限··················································· 35
(1) 學 說······························································································· 35
(2) 私 見······························································································· 35
第2 節 幸福追求權······································································································ 37
1. 憲法規定, 由來 및 基本權體系上의 問題點··································· 37
(1) 憲法規定과 그 由來··········································································· 37
－ v －
vi 차 례
(2) 幸福追求權規定의 수용배경 ······························································ 37
(3) 幸福追求權規定을 수용한 데 대한 학계의 견해 및 사견 ············ 38
2. 幸福追求權의 槪念·············································································· 39
3. 幸福追求權의 主體·············································································· 41
4. 幸福追求權의 法的 性格···································································· 41
(1) 槪 觀······························································································· 41
(2) 學 說······························································································· 41
(3) 學說에 대한 檢討··············································································· 45
(4) 私 見······························································································· 48
5. 幸福追求權의 內容·············································································· 49
(1) 學說과 判例························································································· 49
(2) 새로운 학설 ·························································································· 52
(3) 私 見······························································································· 55
(4) 具體的 內容과 適用··········································································· 56
6. 幸福追求權의 效力·············································································· 59
7. 幸福追求權의 限界와 制限································································ 59
8. 幸福追求權의 侵害와 救濟································································ 61
(1) 侵 害······························································································· 61
(2) 救 濟······························································································· 61
第3 節 平等의 原理와 平等權················································································ 61
1. 沿革 및 憲法規定················································································ 61
(1) 平等思想의 展開와 憲法에의 受容·················································· 61
(2) 憲法規定······························································································· 63
2. 平等規定의 法的 性格········································································ 63
(1) 平等의 原理························································································· 64
(2) 一般的 平等權····················································································· 65
3. '法 앞에 平等'의 主體········································································ 66
(1) '法 앞에 平等'의 主體······································································· 66
(2) 外國人의 主體性 與否······································································· 66
4. 平等規定의 內容: '法 앞에 平等' ····················································· 69
(1) 法의 意味····························································································· 69
(2) 平等의 意味························································································· 69
5. 平等規定의 適用·················································································· 78
(1) 差別禁止事由······················································································· 78
(2) 差別禁止領域······················································································· 80
차 례 vii
6. 平等規定의 效力·················································································· 84
7. 우리 憲法上 平等原理의 具現形態·················································· 84
(1) 特權制度의 禁止················································································· 84
(2) 個別的 平等規定················································································· 85
8. 平等規定의 制限·················································································· 86
(1) 憲法規定에 의한 制限······································································· 86
(2) 法律規定에 의한 制限(제37조 제 2 항) ··········································· 87
(3) 緊急命令 등에 의한 制限(제76조) ··················································· 88
第2 章 自由權的 基本權
第1 節 槪 觀········································································································· 90
1. 自由權을 처음 規定한 憲法文書······················································· 90
2. 自由權의 一次的 機能········································································ 90
3. 自由權의 本質······················································································ 90
4. 自由權의 主體······················································································ 91
5. 自由權의 性格變化·············································································· 91
6. 自由權의 分類方法·············································································· 92
(1) 學 說······························································································· 92
(2) 私 見······························································································· 92
第2 節 身體의 自由··································································································· 93
1. 憲法規定 및 意義················································································ 93
(1) 憲法規定······························································································· 93
(2) 意義 및 沿革······················································································· 93
2. 身體의 自由·························································································· 94
(1) 身體의 自由의 槪念··········································································· 94
(2) 身體의 自由의 主體··········································································· 95
(3) 身體의 自由의 內容··········································································· 95
(4) 身體의 自由의 效力··········································································· 97
(5) 身體의 自由의 制限과 限界····························································· 97
3. 身體의 自由의 實效的 保障을 위한 制度들 ··································· 99
(1) 身體의 自由를 실효적으로 保障하기 위한 여러 制度들의
體系化·································································································· 99
(2) 罪刑法定主義····················································································· 101
(3) 適法節次의 原理··············································································· 105
viii 차 례
(4) 事前令狀主義····················································································· 109
(5) 拘束適否審査制度············································································· 112
(6) 身體의 自由에 대한 그 밖의 保障················································ 114
第3 節 居住 移轉의 自由····················································································· 118
1. 憲法規定 및 沿革·············································································· 118
(1) 憲法規定····························································································· 118
(2) 국가이념사와 居住移轉의 自由··················································· 118
(3) 居住移轉의 自由의 헌법사적 의의 ············································· 118
(4) 居住移轉의 自由의 현대적 기능 ················································· 119
2. 居住移轉의 自由의 主體······························································· 119
(1) 居住移轉의 自由의 主體······························································ 119
(2) 脫北住民의 入國의 問題································································· 119
3. 居住移轉의 自由의 槪念 및 內容··············································· 121
(1) 槪 念····························································································· 121
(2) 內 容····························································································· 121
4. 居住移轉의 自由의 效力······························································· 122
5. 居住移轉의 自由의 制限과 限界················································· 123
(1) 居住移轉의 自由를 制限하는 法律············································ 123
(2) 居住移轉의 自由關聯 憲法裁判所決定例·································· 124
(3) 制限의 限界······················································································· 124
第4 節 職業選擇의 自由························································································· 125
1. 憲法規定 및 沿革·············································································· 125
(1) 憲法規定····························································································· 125
(2) 沿 革····························································································· 125
2. 職業選擇의 自由의 意義 및 法的 性格········································ 126
(1) 意 義····························································································· 126
(2) 法的 性格··························································································· 126
3. 職業選擇의 自由의 主體·································································· 127
(1) 學 說····························································································· 127
(2) 私 見····························································································· 128
4. 職業選擇의 自由의 內容·································································· 129
(1) 職業의 槪念······················································································· 129
(2) 職業選擇의 自由의 內容································································· 129
(3) 職業의 自由와 營業의 自由의 相互關係······································ 132
차 례 ix
5. 職業選擇의 自由의 效力·································································· 133
6. 職業選擇의 自由의 制限 및 限界·················································· 133
(1) 制 限····························································································· 133
(2) 職業의 自由의 制限에 대한 段階理論·········································· 134
(3) '國家留保'(Staatsvorbehalt)의 問題-公務員數의 制限과
職業選擇의 自由·············································································· 139
(4) 制限의 限界······················································································· 140
第5 節 住居의 自由································································································· 142
1. 憲法規定 및 沿革·············································································· 142
(1) 憲法規定····························································································· 142
(2) 沿 革····························································································· 142
2. 住居의 自由의 意義 및 法的 性格················································ 142
(1) 意 義····························································································· 142
(2) 法的 性格··························································································· 143
3. 住居의 自由의 主體·········································································· 143
4. 住居의 自由의 內容·········································································· 143
(1) 住居의 槪念······················································································· 143
(2) 住居의 自由의 內容········································································· 144
5. 住居의 自由의 效力·········································································· 146
6. 住居의 自由의 制限·········································································· 146
第6 節 私生活의 秘密과 自由·············································································· 147
1. 憲法規定 및 沿革·············································································· 147
(1) 憲法規定····························································································· 147
(2) 沿 革····························································································· 147
2. 私生活의 秘密과 自由의 主體························································ 148
3. 私生活의 秘密과 自由의 內容························································ 148
(1) 槪念 및 法的 性格··········································································· 148
(2) 具體的 內容······················································································· 150
4. 私生活의 秘密과 自由의 效力························································ 152
5. 私生活의 秘密과 自由의 限界와 制限··········································· 152
(1) 限 界····························································································· 152
(2) 制 限····························································································· 154
x 차 례
第7 節 通信의 自由································································································· 154
1. 憲法規定 및 沿革·············································································· 154
(1) 憲法規定····························································································· 154
(2) 沿 革····························································································· 154
2. 通信의 自由의 機能 및 法的 性格················································ 155
(1) 機 能····························································································· 155
(2) 法的 性格··························································································· 155
3. 通信의 自由의 主體·········································································· 155
4. 通信의 自由의 內容·········································································· 156
(1) 槪 念····························································································· 156
(2) 通信의 秘密의 不可侵····································································· 156
(3) 電氣通信盜聽의 禁止······································································· 156
5. 通信의 自由의 效力·········································································· 157
6. 通信의 自由의 限界 및 制限·························································· 158
(1) 限 界····························································································· 158
(2) 制 限····························································································· 158
第8 節 良心의 自由································································································· 160
1. 憲法規定 및 沿革·············································································· 160
2. 良心의 自由의 法的 性格································································ 160
3. 良心의 自由의 主體·········································································· 161
4. 良心의 自由의 內容·········································································· 161
(1) 良心의 槪念······················································································· 161
(2) 良心의 自由의 具體的 內容··························································· 163
5. 良心의 自由의 效力·········································································· 173
6. 良心의 自由의 限界 및 制限·························································· 174
(1) 學 說························
저자
저자
홍성방
저자 홍성방은
1952년 제주 출생
고려대학교 법과대학 및 동 대학원 석사 박사과정 수료
독일 K?n대학교에서 법학박사학위(Dr. iur.) 취득
한림대학교 교수(1988~1997)
독일 쾰른 대학교 법과대학 '국가철학 및 법정책연구소' 객원교수(1994~1995)
제 7 회 한국헌법학회 학술상 수상(2005)
사법시험 및 각종 국가시험위원, 한국공법학회 부회장, 한국헌법학회 부회장,
한독법률학회 부회장, 안암법학회 부회장, 한국가톨릭사회과학연구회 회장,
한국환경법학회 부회장 역임
현재 서강대학교 법학전문대학원 교수
주요 저서 및 논문
Soziale Rechte auf der Verfassungsebene und auf der gesetzlichen Ebene, Diss. K?n(1986)
해방과 정치계몽주의, 도서출판 새남, 1988(M. Kriele, Befreiung und politische Aufkl?ung, 1980)
민주주의 세계혁명, 도서출판 새남, 1990(M. Kriele, Die demokratische Weltrevolution, 1987)
법과 실천이성, 한림대학교출판부, 1992(M. Kriele, Recht und praktische Vernunft, 1979)
법발견론, 한림대학교출판부, 1994(M. Kriele, Theorie der Rechtsgewinnung, 2. Aufl. 1976)
마르크스주의와 수정사회주의, 도서출판 새남, 1996(B. Gustaffson, Marxismus und Revisionismus, 1972)
국가론, 민음사, 1997(H. Heller, Staatslehre, 6. Aufl. 1983)
헌법Ⅰ, 현암사, 1999
헌법정해, 신영사, 1999
헌법요론, 신영사, 1999(2005: 제 4 판)
환경보호의 법적문제, 서강대학교 출판부, 1999
헌법Ⅱ, 현암사, 2000
객관식헌법, 신영사, 2000(2005: 제 4 판)
헌법재판소결정례요지(편), 법문사, 2002
헌법학, 현암사, 2002(2009: 개정 6판)
헌법과 미래(공저), 인간사랑, 2007
법학입문, 신론사, 2007
헌법국가의 도전, 두성사, 2007(M. Kriele, Die Herausforderungen des Verfassungsstaates, 1970)
7급객관식헌법, 두성사, 2008
헌법학(상), 박영사, 2010(2013: 제 2 판)
헌법학(하), 박영사, 2010(2014: 제 3 판)
프롤레타리아 계급독재, 신론사, 2011(Karl Kautsky, Die Diktatur des Proletariats, 1918)
국가의 법적 기본질서로서의 헌법, 유로, 2011(Werner K?i, Die Verfassung als rechtliche Grundordnung
des Staates, 2. Aufl. 1971)
국가형태, 유로, 2011(Max Imboden, Die Staatsformen, 1959)
소외론, 유로, 2011(Friedrich M?ler, Entfredung, 2. Aufl. 1985)
법발견의 이론, 유로, 2013(M. Kriele, Theorie der Rechtsgewinnung, 2. Aufl. 1976)
법과 실천이성, 유로, 2013(M. Kriele, Recht und praktische Vernunft, 1979)
정의의 판단기준, 유로, 2014(M. Kriele, Kriterien der Gerechtigkeit, 1963)
법률과 판결, 유로, 2014(Carl Schmitt, Gesetz und Urteil, 1912, 2. Aufl. 1969)
법관법, 유로, 2014(Friedrich M?ler, Richterrecht, 1986)
헌법소송법, 박영사, 2015
'사회국가 해석모델에 관한 비판적 검토', '자연의 권리주체성', '독일의 헌법과 행정법에 있어서의 환경보호' 등 논문 다수
1952년 제주 출생
고려대학교 법과대학 및 동 대학원 석사 박사과정 수료
독일 K?n대학교에서 법학박사학위(Dr. iur.) 취득
한림대학교 교수(1988~1997)
독일 쾰른 대학교 법과대학 '국가철학 및 법정책연구소' 객원교수(1994~1995)
제 7 회 한국헌법학회 학술상 수상(2005)
사법시험 및 각종 국가시험위원, 한국공법학회 부회장, 한국헌법학회 부회장,
한독법률학회 부회장, 안암법학회 부회장, 한국가톨릭사회과학연구회 회장,
한국환경법학회 부회장 역임
현재 서강대학교 법학전문대학원 교수
주요 저서 및 논문
Soziale Rechte auf der Verfassungsebene und auf der gesetzlichen Ebene, Diss. K?n(1986)
해방과 정치계몽주의, 도서출판 새남, 1988(M. Kriele, Befreiung und politische Aufkl?ung, 1980)
민주주의 세계혁명, 도서출판 새남, 1990(M. Kriele, Die demokratische Weltrevolution, 1987)
법과 실천이성, 한림대학교출판부, 1992(M. Kriele, Recht und praktische Vernunft, 1979)
법발견론, 한림대학교출판부, 1994(M. Kriele, Theorie der Rechtsgewinnung, 2. Aufl. 1976)
마르크스주의와 수정사회주의, 도서출판 새남, 1996(B. Gustaffson, Marxismus und Revisionismus, 1972)
국가론, 민음사, 1997(H. Heller, Staatslehre, 6. Aufl. 1983)
헌법Ⅰ, 현암사, 1999
헌법정해, 신영사, 1999
헌법요론, 신영사, 1999(2005: 제 4 판)
환경보호의 법적문제, 서강대학교 출판부, 1999
헌법Ⅱ, 현암사, 2000
객관식헌법, 신영사, 2000(2005: 제 4 판)
헌법재판소결정례요지(편), 법문사, 2002
헌법학, 현암사, 2002(2009: 개정 6판)
헌법과 미래(공저), 인간사랑, 2007
법학입문, 신론사, 2007
헌법국가의 도전, 두성사, 2007(M. Kriele, Die Herausforderungen des Verfassungsstaates, 1970)
7급객관식헌법, 두성사, 2008
헌법학(상), 박영사, 2010(2013: 제 2 판)
헌법학(하), 박영사, 2010(2014: 제 3 판)
프롤레타리아 계급독재, 신론사, 2011(Karl Kautsky, Die Diktatur des Proletariats, 1918)
국가의 법적 기본질서로서의 헌법, 유로, 2011(Werner K?i, Die Verfassung als rechtliche Grundordnung
des Staates, 2. Aufl. 1971)
국가형태, 유로, 2011(Max Imboden, Die Staatsformen, 1959)
소외론, 유로, 2011(Friedrich M?ler, Entfredung, 2. Aufl. 1985)
법발견의 이론, 유로, 2013(M. Kriele, Theorie der Rechtsgewinnung, 2. Aufl. 1976)
법과 실천이성, 유로, 2013(M. Kriele, Recht und praktische Vernunft, 1979)
정의의 판단기준, 유로, 2014(M. Kriele, Kriterien der Gerechtigkeit, 1963)
법률과 판결, 유로, 2014(Carl Schmitt, Gesetz und Urteil, 1912, 2. Aufl. 1969)
법관법, 유로, 2014(Friedrich M?ler, Richterrecht, 1986)
헌법소송법, 박영사, 2015
'사회국가 해석모델에 관한 비판적 검토', '자연의 권리주체성', '독일의 헌법과 행정법에 있어서의 환경보호' 등 논문 다수
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