대의제는 위기에 처했는가?

대의제의 헌법적 의의, 문제점, 보완에 대한 검토

Recently, many people say that Representative System of Korean constitutional law come to a crisis. But this expression is ambiguous and rhetorical. So I would like to consider the constitutional meaning, problem and improvement of the representation seriously. Representative System is a methode of the democratic will-formation. this is a main constitutional meaning of Representative System. In theory as well as in practice, the representation is prior to all other method such as plebiscite or referendum. None the less, Representative System has many problems. It is very hard to select proper representatives, and to let the representatives speak for people. To make matters worse, these problems are aggravated by various reasons. However, I think that it is haste to assert “Representative System at a Crisis”. Any way, it goes without saying that Representative System needs many complements. Above all, we need to develope the representation into the real ‘democratic representation’. And the representation is supplemented with the civil participate. The plebiscite or referendum is useful as well as harmful to the democratic will-formation. Nowadays, there are various opinions to Representative System. Some people say that Representative System near its end, others say that it is absolutely forbidden not to respect Representative System. But I think that these extreme thought should be sublated. It is time we consider more concrete idea, so that Representative System is operated as the methode of the democratic will-formation.