2020 채한태 명품헌법[전3권+부록]
저자 : 채한태
출판사 : 북이그잼
출판일 : 2019-09-25
페이지 : 492+736+352+96
판형 : 제11판
도서상태 : 정상
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총 금액 :
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    [ 머 리 말 ]

     

    2020 경찰(순경, 특채), 7급 국가직, 지방직, 행정고시, 법원행시, 국회8∙9급, 법원직, 법무사, 소방간부, 각종 승진, 비상계획관 완벽대비


    채한태 법학박사의 헌법 완전정복 시리즈
    -최신 헌법재판소 판례 완벽반영
    -최신 개정법률 완벽반영
    -중요 부분 밑줄 처리
    -구성: 총론편+각론편+문제편+별책부록(관련법률)


    그 동안 헌법을 전공한 후 대학강단과 수험현장에서 강의를 시작하고 10여년이 넘게 수험계에서 가장 많은 합격생과 최고의 전통이라는 금자탑을 이룩하였으며, 수험생 제위 여러분의 성원에 힘입어 2020년 시험대비 명품헌법을 출간하는 바이다.
    수험생 여러분에게 쉽게 접근하고 단기간에 헌법을 정복할 수 있는 방법을 불철주야 연구하여 미력하나마 수험생 여러분의 합격에 기여하고 싶은 마음이 간절하다.
    본서는 7급 시험, 행정고시, 법원행시, 법원·등기서기보, 국회사무처, 각종 공무원 승진시험, 경찰 승진시험, 비상계획관, 법무사, 소방간부직을 대비하여 쉽게 접근할 수 있도록 핵심내용을 도표로 처리하고 정리하였다.
    한편으로는 양적으로 방대하고 이론적으로 난해한 헌법이론을 일목요연하게 체계적으로 집대성하여 효율적으로 헌법을 완전정복할 수 있도록 하였다. 그리고 헌법재판소의 최신판례와 이론을 대폭 반영하되 공부의 양을 줄여줄 수 있도록 효과적으로 정리하였다.
    본 교재를 통하여 7급 시험, 행정고시, 법원행시, 법원·등기서기보, 국회사무처, 각종 공무원 승진시험, 경찰 승진시험, 비상계획관, 법무사, 소방간부직을 대비하면 고득점을 할 수 있을 것이다.
    필자는 본서에 열정을 다하여 문구 하나하나에도 시험에 직접 연결될 수 있도록 심층적으로 정리하면서 본서를 집필하였다. 2020년 명품헌법은 최근 헌법재판소 판례 및 헌법 관련 부속법률 개정내용, 최근 10여년간 실시된 7급 국가직·지방직·법원직·국회사무처·소방간부·비상계획관·각종 고시·변호사시험·승진시험에 출제된 내용들을 일목요연하게 정리하여 반영하였다.
    특히 최근 헌법재판소 판례와 개정법률은 출제가 예상되는 내용을 전부 반영하면서도 수험생 여러분의 부담을 덜기 위하여 많은 노력을 하였다.
    헌법완전정복을 위한 명품헌법은 다음의 원칙에 따라 집필하였다.


    첫 째, 방대한 헌법재판소의 판례는 판결요지를 중심으로 체계화하여 출제되는 문맥으로 간결화하였다.


    둘 째, 방대한 헌법이론 및 판례내용을 명쾌하게 요약․정리할 수 있도록 도표를 통해 테마별 총정리를 하였다. 핵심내용을 요약한 후에 이론을 접근하면 보다 쉽고 빠르게 이해할 수 있으며, 단기간에 헌법완전정복이 가능하다는 것은 이미 수많은 합격생들이 검증해 주었다.


    셋 째, 각종 시험에 출제되었던 이론과 판례에는 긴장감을 갖고 중점적으로 공부할 수 있도록 표기를 하였다. 수험공부의 시작과 끝은 기출문제에 대한 확실한 정리에 있다. 기출문제에 대한 철저한 분석은 수험공부의 확실한 길잡이가 되어주며, 출제경향도 예상할 수 있게 해준다.


    넷 째, 7급 기출문제와 법원직, 각종 승진, 국회사무처 8급, 소방간부직 지문들을 수록하여 실제 시험문제에 친숙하게 접근할 수 있도록 하였다. 또한 난해한 고시문제의 지문들도 수록하여 합격의 당락을 결정지을 한·두 문제마저 정복할 수 있게 대비하였다.


    다섯째, 중요한 부분은 고딕체 글씨체와 함께 시각적으로 한눈에 알아볼 수 있도록 색처리 및 밑줄처리를 하였으며, 색·밑줄처리한 내용을 중점적으로 봐도 고득점이 가능하다.


    여섯째, 시험에 빈번히 출제되는 장(또는 절)별 내용이 끝나는 곳에 ‘원 포인트 핵심요약’을 수록하여 한눈에 정리할 수 있도록 구성하였다.


    본 교재가 수험생 여러분의 합격의 동반자가 될 것임을 확신하는 바이다.
    헌법에 관해 궁금한 점이나, 합격을 위한 효율적인 학습방법에 대한 상담, 그 밖의 수험고민 등은 “www.chaehantae.com” 게시판이나 이메일 “cht016@hanmail.net”으로 질문하면 직접신속하고 성실하게 답변해 드릴 것을 약속한다. 농부가 밭에 씨앗을 뿌리는 심정으로 수험공부에 매진하길 바라는 바이다.
    본서의 출간을 성원해주신 Daum 카페 채한태헌법교실의 4만여 명의 회원님, 편집부 직원 여러분께 감사드린다.

     

    [ 목 차 ]

     

    총론 
     
    제1편 헌법 서론 
    제1장 헌법의 일반이론 
    제1절 헌법의 의의 ··················· 18 
    01 헌법의 개념 ·················· 18 
    02 헌법개념의 이중성 ······· 20 
    03 역사적 발전과정에서의 헌법 ························ 21 
    04 존재형식과 내용을 기준으로 한 헌법 ··········· 24 
    제2절 헌법의 분류 ··················· 26 
    01 제정주체에 따른 분류 ··· 26 
    02 존재형식에 따른 분류 ··· 26 
    03 개정절차의 난이(難易)에 따른 분류 ············· 32 
    04 헌법의 새로운 분류방법 ······························· 33 
    제3절 헌법의 특성 ··················· 34 
    01 사실적 특성 ·················· 34 
    02 규범적 특성 ·················· 35 
    03 구조적 특성 ·················· 36 
    제4절 헌법의 해석 ··················· 37 
    01 헌법해석의 의의 ··········· 37 
    02 헌법해석의 원칙 ··········· 37 
    03 헌법해석의 종류 ··········· 38 
    04 합헌적 법률해석 ··········· 39 
    제5절 헌법관 ····························· 41 
    01 규범주의적 헌법관(법실증주의 헌법관) ······· 41 
    02 결단주의적 헌법관 ······· 45 
    03 통합주의적 헌법관 ······· 47 
    제2장 헌법의 제정과 개정 
    제1절 헌법의 제정 ··················· 52 
    01 헌법제정권력의 개설 ···· 52 
    02 헌법제정권력이론의 성립과 학자의 이론 ····· 53 
    03 헌법제정권력의 주체 ···· 55 
    04 헌법제정권력의 본질 ···· 55 
    05 헌법제정권력의 학설과 한계 ························ 56 
    제2절 헌법의 개정 ··················· 57 
    01 개 설 ···························· 57 
    02 헌법개정의 형식과 방법 ······························· 58 
    03 헌법개정과 비교되는 개념 ···························· 58 
    04 헌법개정의 한계와 학설 ······························· 60 
    05 우리나라 헌법의 개정절차 ···························· 63 
    제2편 대한민국 헌법 
    제1장 헌법의 제정⋅개정에 대한 내용 및 북한의 헌법 
    제1절 임시정부 헌법 ·············· 72 
    01 임시정부 헌법의 구성 ··· 72 
    02 임시정부 헌법의 특징 ··· 72 
    제2절 제1공화국 헌법 ············ 73 
    01 제헌헌법(건국헌법, 1948.7.12) ················· 73 
    02 제1차 개헌(발췌개헌, 1952.7.7) ················ 75 
    03 제2차 개헌(사사오입개헌, 1954.11.29) ····· 76 
    제3절 제2공화국 헌법 ············ 77 
    01 제3차 개헌(1960.6.15) ······························ 77 
    02 제4차 개헌(1960.11.29) ···························· 79 
    제4절 제3공화국 헌법 ············ 80 
    01 제5차 개헌(1962.12.26) ···························· 80 
    02 제6차 개헌(3선개헌, 1969.10.21) ············· 81 
    제5절 제4공화국 헌법 ············ 82 
    01 제7차 개헌(1972.12.27) ···························· 82 
    제6절 제5공화국 헌법 ············ 84 
    01 제8차 개헌(1980.10.27) ···························· 84 
    제7절 제6공화국 헌법 ············ 85 
    01 제9차 개헌(1987.10.29) ···························· 85 
    제8절 북한헌법 ························· 89 
    01 북한의 제헌헌법(1948.9.8. 공포) ··············· 89 
    02 북한헌법의 개정과정(제8차 개헌) ················ 89 
    03 북한의 제7차 개정헌법(1998.9.5) ·············· 89 
    제2장 헌법의 보장 
    제1절 헌법보장의 기초이론 · 94 
    01 개 설 ···························· 94 
    02 헌법보장과 국가보장의 비교 ························ 94 
    03 헌법의 수호자 ·············· 95 
    04 헌법보장의 유형 ··········· 95 
    제2절 현행 헌법상의 헌법보장제도 ··················· 96 
    01 평상시의 헌법보장제도  96 
    02 비상시의 헌법보장제도  97 
    제3장 국가론 및 대한민국 국가의 형태 
    제1절 국가론 ····························· 110 
    01 국가에 대한 개설 ·········· 110 
    02 국가의 기원에 대한 학설 ······························ 110 
    03 국가의 본질에 대한 학설 ······························ 111 
    04 국가형태의 분류 ··········· 112 
    제2절 우리나라의 구성요소 · 114 
    01 국 민 ···························· 114 
    02 영 역 ···························· 129 
    03 주 권 ···························· 136 
    제4장 헌법전문과 헌법의 기본원리 
    제1절 헌법전문 ························· 138 
    01 개 설 ···························· 138 
    02 헌법전문의 법적인 성격 ······························· 138 
    03 헌법전문의 법적 성질에 대한 학설 ··············· 140 
    04 헌법전문의 내용 ··········· 140 
    제2절 국민주권주의의 원리 · 141 
    01 국민주권주의의 개설 ···· 141 
    02 주권의 본질 ·················· 141 
    03 주권론의 발달과정 ······· 141 
    04 국민의 개념 ·················· 142 
    05 국민의 성격에 대한 학설 ······························ 144 
    06 국민의 범위에 대한 학설 ······························ 144 
    07 국민주권주의 원리의 제도적 구현 ················ 144 
    08 국민의 헌법상 지위 ······ 145 
    제3절 민주주의의 원리 ·········· 145 
    01 개 설 ···························· 145 
    02 민주주의의 유형 ··········· 146 
    03 민주주의의 성격 ··········· 146 
    04 민주주의의 내용 ··········· 146 
    05 민주주의의 위기원인 ···· 147 
    06 방어적 민주주의와 관련되는 독일판례 ········· 147 
    제4절 법치주의의 원리 ·········· 149 
    01 개 설 ···························· 149 
    02 각국의 발달과정과 학자의 주장 ··················· 149 
    03 법치주의의 구성요소 ···· 151 
    04 법치행정의 원칙 ··········· 151 
    05 신뢰보호의 원칙 ··········· 152 
    06 법치주의의 예외 ··········· 161 
    07 진정소급입법과 부진정소급입법 ·················· 162 
    08 법치주의의 위기원인 ···· 163 
    제5절 문화국가의 원리 ·········· 165 
    01 개 설 ··························· 165 
    02 문화국가의 내용 ··········· 166 
    03 문화국가에 대한 현대적 고찰 ······················· 166 
    제6절 복지국가의 원리 ·········· 169 
    01 개 설 ···························· 169 
    02 복지국가원리의 실현수단 ···························· 169 
    03 복지국가의 한계 ··········· 169 
    제7절 국제평화주의 ················ 170 
    01 개 념 ···························· 170 
    02 국제평화주의와 각국의 유형 ························ 170 
    03 국제평화주의의 내용 ···· 171 
    04 국제조약 ······················ 173 
    제5장 대한민국 헌법의 기본제도 
    제1절 정당제도 ························· 184 
    01 개 설 ···························· 184 
    02 정당제도의 연혁 ··········· 186 
    03 정당의 헌법상 지위에 관한 학설 ·················· 186 
    04 정당의 법적 형태에 대한 법원과 ·················· 186 
    헌법재판소의 견해 
    05 정당의 설립과 조직 ······ 187 
    06 정당의 등록과 취소 ······ 191 
    07 정당의 운영 ·················· 192 
    08 정당의 특권과 의무 ······ 193 
    09 정당의 해산 ·················· 204 
    제2절 선거제도 ························· 212 
    01 개 설 ···························· 212 
    02 선거의 종류 ·················· 212 
    03 선거의 5대 기본원칙 ···· 214 
    04 대표제의 형태 ·············· 223 
    05 선거구 ·························· 227 
    06 선거공영제 ··················· 229 
    07 우리나라의 선거구제 ···· 230 
    08 공직선거법 ··················· 237 
    제3절 공무원제도 ···················· 272 
    01 개 설 ···························· 272 
    02 공무원의 헌법상 지위에 대한 고찰 ··············· 272 
    03 직업공무원제도의 내용  272 
    04 공무원의 기본권 제한 ··· 283 
    (특별권력관계에 있는 자의 기본권 제한) 
    05 공무원의노동조합설립및운영등에관한법률 ·· 289 
    06 헌법재판소의 판례 ······· 290 
    제4절 지방자치제도 ················ 298 
    01 지방자치제의 개설 ······· 298 
    02 지방자치제의 유형 ······· 299 
    03 지방자치단체의 종류 ···· 300 
    04 지방자치단체의 구성요소 ···························· 301 
    05 지방자치단체의 권한 ···· 309 
    06 지방자치단체의 기관 ···· 314 
    07 지방자치단체의 사무 ···· 320 
    08 지방자치단체에 대한 주민의 통제 ················ 322 
    09 지방자치단체에 대한 국가의 지도⋅감독 ····· 328 
    제5절 경제제도 ························· 333 
    01 개 설 ···························· 333 
    02 사회적 시장경제 ··········· 333 
    03 경제적 기본질서에 관한 헌법규정의 내용 ···· 334 
    제6절 군사제도 ························· 342 
    01 국가와 군사제도 ··········· 342 
    02 현행 헌법의 군사조항 ··· 343 
    03 군사에 관한 헌법원칙 ··· 343 
    04 군사제도와 군통수권 ···· 344 
    05 군사제도를 위한 기본권 제한 ······················· 345 
    제3편 기본권 
    제1장 기본권 총론 
    제1절 기본권 개설 ··················· 354 
    01 기본권의 의의 ·············· 354 
    02 기본권의 법적 성격 ······ 354 
    03 인권보장의 역사 ··········· 356 
    04 기본권과 제도적 보장 ··· 359 
    제2절 기본권의 분류 ·············· 360 
    01 주체를 기준으로 한 분류 ······························ 360 
    02 성질을 기준으로 한 분류 ······························ 361 
    03 효력을 기준으로 한 분류 ······························ 361 
    제3절 기본권의 주체 ·············· 362 
    01 개 설 ···························· 362 
    02 국 민 ···························· 362 
    03 외국인 ·························· 363 
    04 법 인 ···························· 368 
    제4절 기본권의 효력 ·············· 375 
    01 기본권의 대국가적 효력 ······························· 375 
    02 기본권의 대사인적 효력(제3자적 효력) ········ 376 
    03 우리나라 헌법과 기본권의 대사인적 효력 ···· 377 
    04 미국의 이론 ·················· 378 
    제5절 기본권의 갈등 ·············· 379 
    01 기본권의 경쟁 ·············· 379 
    02 기본권의 충돌 ·············· 380 
    제6절 기본권의 제한 ·············· 382 
    01 기본권 제한의 개설 ······ 382 
    02 기본권 제한의 종류 ······ 383 
    03 기본권 제한의 요건 ······ 384 
    04 기본권 제한의 정도에 관한 원칙 ·················· 385 
    05 기본권 제한의 한계 ······ 396 
    (본질적 내용의 침해금지) 
    제7절 기본권의 침해와 구제  397 
    01 개 설 ···························· 397 
    02 기본권의 침해와 구제유형 ··························· 398 
    03 국가인권위원회 ············ 404 
    04 행정조사기본법 ············ 408 
    제2장 포괄적 기본권 
    제1절 인간의 존엄과 가치 ···· 410 
    01 인간의 존엄과 가치 ······ 410 
    02 인간의 존엄과 가치의 내용 ··························· 412 
    03 인간의 존엄과 가치의 효력 ··························· 422 
    04 인간의 존엄과 가치의 제한과 한계 ··············· 422 
    제2절 행복추구권 ···················· 427 
    01 개 설 ···························· 427 
    02 행복추구권의 유래 및 각국의 입법례 ··········· 428 
    03 행복추구권의 법적 성격 ······························· 428 
    04 행복추구권의 내용 ······· 429 
    05 행복추구권의 효력⋅제한 및 한계 ················ 441 
    제3절 평등권 ····························· 447 
    01 개 설 ···························· 447 
    02 평등권의 법적 성격 ······ 449 
    03 평등권의 주체 ·············· 450 
    04 평등권의 내용 ·············· 450 
     
    각론 
     
    제3편 기본권 
    제3장 자유권적 기본권 
    제1절 개 설 ······························ 510 
    01 의 의 ·························· 510 
    02 자유권적 기본권의 성질에 관한 견해 ········· 510 
    03 자유권적 기본권의 법적 성격 ····················· 511 
    04 자유권적 기본권의 효력 ····························· 511 
    05 자유권적 기본권과 사회권적 기본권의 비교 ·· 511 
    제2절 신체의 자유 ················· 512 
    01 개 설 ·························· 512 
    02 신체의 자유 보장을 위한 실체적 제도 ········ 512 
    03 신체의 자유 보장을 위한 절차적 제도 ········ 540 
    제3절 사회⋅경제적 자유권 ······························· 582 
    01 거주⋅이전의 자유 ····· 582 
    02 직업선택의 자유 ········· 588 
    03 주거의 자유 ················ 627 
    04 사생활 비밀의 자유 ···· 628 
    05 통신의 자유 ················ 654 
    06 재산권의 보장 ············ 663 
    제4절 정신적 자유권 ············ 704 
    01 양심의 자유 ················ 704 
    02 종교의 자유 ················ 712 
    03 언론⋅출판의 자유 ····· 720 
    04 집회의 자유 ················ 745 
    05 결사의 자유 ················ 757 
    06 학문의 자유 ················ 760 
    07 예술의 자유 ················ 769 
    08 소비자의 권리 ············ 770 
    제4장 사회권적 기본권 
    제1절 개 설 ······························ 776 
    01 사회권적 기본권의 의의 ····························· 776 
    02 사회권적 기본권의 연혁 ····························· 776 
    03 사회권적 기본권과 자유권적 기본권의 관계 ·· 777 
    04 법적 성격 ··················· 777 
    제2절 인간다운 생활을 할 권리 ························ 779 
    01 개 설 ·························· 779 
    02 인간다운 생활을 할 권리의 내용 ················ 779 
    03 한계와 제한 ················ 781 
    제3절 교육을 받을 권리 ······ 790 
    01 개 설 ·························· 790 
    02 교육을 받을 권리의 내용 ···························· 791 
    03 효 력 ························· 794 
    제4절 근로의 권리 ················· 803 
    01 개 설 ························· 803 
    02 고용조정과 관련되는 근로기준법의 내용 ··· 803 
    03 근로의 권리의 내용 ···· 804 
    04 효 력 ·························· 805 
    제5절 근로 3권 ······················· 809 
    01 개 설 ·························· 809 
    02 법적 성격 ··················· 809 
    03 내 용 ·························· 810 
    04 효력과 제한 ················ 814 
    제6절 환경권 ··························· 820 
    01 개 설 ·························· 820 
    02 환경권의 내용 ············ 821 
    03 환경권의 효력⋅제한 및 한계 ····················· 822 
    04 환경분쟁의 새로운 모색 ····························· 823 
    제7절 혼인⋅가족에 관한 권리 ························· 826 
    01 개 설 ·························· 826 
    02 혼인과 가족에 관한 권리의 내용 ················ 826 
    제5장 청구권적 기본권 
    제1절 개 설 ······························ 834 
    제2절 청원권 ··························· 834 
    01 개 설 ·························· 834 
    02 청원권의 내용 ············ 835 
    03 청원의 절차 ················ 836 
    제3절 재판청구권 ·················· 840 
    01 개 설 ·························· 840 
    02 재판청구권의 내용 ····· 841 
    03 재판청구권의 제한 ····· 849 
    제4절 국가배상청구권 ·········· 870 
    01 개 설 ·························· 870 
    02 국가배상청구권의 요건 ······························ 871 
    03 국가배상책임의 본질과 ······························ 874 
    공무원배상책임의 인정 여부 
    04 국가배상청구의 절차 ·· 875 
    05 국가배상청구권의 제한 ······························ 876 
    제5절 형사보상청구권 ·········· 878 
    01 개 설 ·························· 878 
    02 형사보상청구권의 성립요건 ······················· 878 
    03 형사보상청구의 절차와 보상금 ·················· 879 
    제6절 범죄피해자구조청구권 ····························· 884 
    01 개 설 ·························· 884 
    02 범죄피해자구조청구권의 성립요건 ············ 885 
    03 범죄피해자구조금의 청구절차 ··················· 888 
    04 범죄피해자구조청구권의 제한 ··················· 888 
    제6장 참정권 
    제1절 개 설 ······························ 892 
    01 참정권의 의의 ············ 892 
    02 참정권의 법적 성격 ···· 892 
    03 참정권의 주체 ············ 892 
    04 참정권의 종류 ············ 893 
    05 참정권의 제한과 그 한계 ···························· 893 
    제2절 선거권 ··························· 894 
    01 의 의 ·························· 894 
    02 선거권이 없는 자 ········ 894 
    제3절 공무담임권 ·················· 898 
    01 의 의 ·························· 898 
    02 공무원으로 임용될 수 없는 자 ···················· 898 
    제4절 국민투표권 ·················· 903 
    01 의 의 ························· 903 
    02 국민투표권 행사의 기능 ····························· 903 
    03 대통령의 재신임에 대한 국민투표 ·············· 903 
    04 국민투표의 유형 ········· 905 
    제7장 국민의 헌법상 의무 
    제1절 국민의 기본적 의무의 개설 ··················· 908 
    제2절 국민의 기본적 의무의 내용 ··················· 908 
    01 고전적인 국민의 의무 · 908 
    02 현대적 의무 ················ 910 
    제4편 통치구조 
    제1장 통치구조의 조직원리와 형태 
    제1절 통치구조의 개설 ········ 916 
    01 통치구조의 의의 ········· 916 
    02 통치구조와 헌법관 ····· 916 
    제2절 통치구조의 조직원리 ······························· 917 
    01 대의제 ························ 917 
    02 직접민주제 ················· 918 
    03 권력분립의 원리 ········· 919 
    제3절 통치구조의 형태 ········ 922 
    01 대통령제 ···················· 922 
    02 의원내각제 ················· 924 
    03 이원정부제 ················· 925 
    04 회의제 ························ 926 
    05 우리나라의 통치구조형태 ·························· 927 
    제2장 입법부 
    제1절 의회제도의 개설 ········ 928 
    01 연 혁 ·························· 928 
    02 의회제도의 기본적인 원리 ·························· 928 
    03 국회의 헌법상의 지위 ··· 929 
    04 국회의 구성 ·················· 929 
    제2절 국회의 회의 ··················· 946 
    01 국회회의의 유형 ··········· 946 
    02 국회회의의 원칙 ··········· 947 
    제3절 국회의 권한 ··················· 953 
    01 입법에 관한 권한 ·········· 953 
    02 재정에 관한 권한 ·········· 963 
    03 헌법기관구성에 관한 권한 ·························· 974 
    04 국정통제에 관한 권한 · 974 
    05 국회의 자율권 ············ 989 
    제4절 국회의원의 지위 ········ 992 
    01 국회의원의 특권 ········· 992 
    02 국회의원의 권리와 의무 ····························· 996 
    03 국회의원의 징계 ········· 1000 
    04 의회제도의 위기원인과 대책 ······················ 1001 
    05 국회법의 중요사항 ····· 1001 
    06 국회예산정책처 ·········· 1003 
    제3장 대통령 
    제1절 대통령에 대한 개설 ·· 1008 
    01 현행 헌법상 대통령의 지위 ························· 1008 
    02 대통령선거 ················· 1009 
    03 대통령의 취임선서 ····· 1011 
    04 대통령의 특권 ············ 1012 
    05 대통령의 책무와 의무 · 1014 
    06 대통령의 권한대행 ····· 1014 
    제2절 대통령의 권한 ············ 1015 
    01 행정에 관한 권한 ········ 1015 
    02 입법에 관한 권한 ········ 1016 
    03 사법에 관한 권한 ········ 1017 
    04 헌법기관 구성에 관한 권한 ························· 1021 
    05 대통령의 비상적 권한 · 1022 
    제3절 대통령의 권한행사방법과 통제 ············ 1030 
    01 문서주의 ···················· 1030 
    02 부서제도 ···················· 1030 
    03 국무회의의 심의 ········· 1030 
    04 각종 자문기관의 자문 · 1030 
    제4절 대통령의 자문기관 ···· 1031 
    01 국가원로자문회의 ······ 1031 
    02 국가안전보장회의 ······ 1031 
    03 민주평화통일자문회의 ······························· 1031 
    04 국민경제자문회의 ······ 1031 
    05 국가과학기술자문회의 ······························· 1031 
    제5절 전직대통령의 예우 ···· 1032 
    01 개 설 ·························· 1032 
    02 전직대통령의 예우의 내용 ························· 1032 
    03 전직대통령의 예우 불인정 ························· 1033 
    제4장 행정부 
    제1절 개 설 ······························ 1036 
    01 정부(행정부)에 대한 학문적인 분류 ··········· 1036 
    (다수적 견해) 
    02 현행 헌법 제4장 제2절과 관련된 행정부 ···· 1036 
    03 현행 헌법 제86조 제2항 ···························· 1037 
    제2절 국무총리 ······················· 1037 
    01 연 혁 ·························· 1037 
    02 지 위 ·························· 1037 
    03 국무총리의 신분상 지위 ····························· 1038 
    04 국무총리의 권한 ········· 1040 
    제3절 국무위원과 행정각부 ······························· 1052 
    01 국무위원 ···················· 1052 
    02 행정각부의 장 ············ 1053 
    제4절 국무회의 ······················· 1053 
    01 개 설 ·························· 1053 
    02 구 성 ·························· 1054 
    03 국무회의의 헌법상 지위 ····························· 1054 
    04 국무회의의 심의절차와 심의사항 ··············· 1055 
    제5절 감사원 ··························· 1058 
    01 개 설 ·························· 1058 
    02 감사원의 권한 ············ 1059 
    제6절 선거관리위원회 ·········· 1062 
    01 개 설 ·························· 1062 
    02 중앙선거관리위원회의 운영과 권한 ··········· 1063 
    제5장 사법부 
    제1절 사법부에 대한 개설 ·· 1066 
    01 사법의 개념 ················ 1066 
    02 사법의 본질과 그 기능  1066 
    제2절 법원의 헌법상 지위 ·· 1067 
    01 사법기관으로서의 지위 ······························ 1067 
    02 독립적⋅중립적 기관으로서의 지위 ··········· 1067 
    03 헌법수호기관으로서의 지위 ······················· 1067 
    04 기본권 보장기관으로서의 지위 ·················· 1067 
    제3절 사법권의 한계 ············ 1067 
    01 실정법상의 한계 ········· 1067 
    02 국제법상의 한계 ········· 1068 
    03 사법본질상의 한계 ····· 1068 
    04 권력분립상의 한계 ····· 1069 
    05 통치행위 ···················· 1069 
    제4절 법원의 조직 ················· 1072 
    01 대법원 ························ 1072 
    02 고등법원 ···················· 1077 
    03 지방법원 ···················· 1077 
    04 지방법원 지원과 지방법원소년부 지원 ······· 1077 
    05 시⋅군법원 ················ 1077 
    06 특별법원 ···················· 1078 
    제5절 사법권의 독립 ············ 1081 
    01 개 설 ·························· 1081 
    02 법원의 독립 ················ 1081 
    03 법관의 독립 ················ 1081 
    제6절 법원의 권한 ················· 1088 
    01 의 의 ·························· 1088 
    02 재판권 ························ 1088 
    03 명령⋅규칙심사권 ······ 1088 
    04 위헌법률심판제청권 ··· 1090 
    05 법정질서유지권 ·········· 1091 
    06 대법원의 규칙제정권 ·· 1092 
    제7절 사법의 절차와 운영 ·· 1093 
    01 재판의 심급제 ············ 1093 
    02 재판의 공개제도 ········· 1094 
    03 재판의 배심제도 ········· 1095 
    제8절 법정의 질서유지 ········ 1099 
    01 개 설 ·························· 1099 
    02 법정질서유지권 ·········· 1099 
    03 법정질서유지권의 한계 ······························ 1099 
    제6장 헌법재판소 
    제1절 헌법재판소에 대한 서론 ························· 1102 
    01 개 설 ·························· 1102 
    02 각국의 헌법재판기관 ·· 1102 
    03 우리나라 헌법재판제도의 연혁 ·················· 1104 
    04 헌법재판소의 헌법상 지위 ························· 1105 
    05 헌법재판소의 구성과 운영 ························· 1105 
    제2절 헌법재판소의 심판절차 ··························· 1108 
    01 심판의 주체 및 당사자  1108 
    02 심판청구 ···················· 1110 
    03 심 리 ·························· 1111 
    04 종국결정 ···················· 1113 
    제3절 헌법재판소의 권한 ···· 1117 
    01 위헌법률심판권 ·········· 1117 
    02 탄핵심판권(국회권한 참조) ························ 1130 
    03 위헌정당해산권(정당제도 참조) ················· 1131 
    04 권한쟁의심판권 ·········· 1131 
    05 헌법소원심판권 ·········· 1143 
    06 헌법재판소의 변형결정 ······························ 1181 
    색인(INDEX) 
    • 사항색인 ······························· 1193 
    • 판례색인 ······························· 1199 
     
    문제 
     
    제1편 헌법 서론 
    제1장 헌법의 일반이론 
    • 기출․예상문제 ········ 8 
    • 판례문제 ····················· 14 
    제2장 헌법의 제정과 개정 
    • 기출․예상문제 ········ 15 
    • 판례문제 ····················· 21 
    제2편 대한민국 헌법 
    제1장 헌법의 제정․개정에 대한 내용 및 북한의 헌법 
    • 기출․예상문제 ········ 24 
    • 판례문제 ····················· 30 
    제2장 헌법의 보장 
    • 기출․예상문제 ········ 31 
    • 판례문제 ····················· 34 
    제3장 국가론 및 대한민국 국가의 형태 
    • 기출․예상문제 ········ 35 
    • 판례문제 ····················· 41 
    제4장 헌법전문과 헌법의 기본원리 
    • 기출․예상문제 ········ 43 
    • 판례문제 ····················· 59 
    제5장 대한민국 헌법의 기본제도 
    • 기출․예상문제 ········ 61 
    • 판례문제 ····················· 85 
    제3편 기본권 
    제1장 기본권 총론 
    • 기출․예상문제 ········ 90 
    • 판례문제 ····················· 104 
    제2장 포괄적 기본권 
    • 기출․예상문제 ········ 105 
    • 판례문제 ····················· 118 
    제3장 자유권적 기본권 
    • 기출․예상문제 ········ 120 
    • 판례문제 ····················· 178 
    제4장 사회권적 기본권 
    • 기출․예상문제 ········ 180 
    • 판례문제 ····················· 195 
    제5장 청구권적 기본권 
    • 기출․예상문제 ········ 198 
    • 판례문제 ····················· 208 
    제6장 참정권 
    • 기출․예상문제 ········ 210 
    • 판례문제 ····················· 217 
    제7장 국민의 헌법상 의무 
    • 기출․예상문제 ········ 218 
    • 판례문제 ····················· 222 
    제4편 통치구조 
    제1장 통치구조의 조직원리와 형태 
    • 기출․예상문제 ········ 224 
    • 판례문제 ····················· 228 
    제2장 입법부 
    • 기출․예상문제 ········ 229 
    • 판례문제 ····················· 268 
    제3장 대통령 
    • 기출․예상문제 ········ 271 
    • 판례문제 ····················· 286 
    제4장 행정부 
    • 기출․예상문제 ········ 288 
    • 판례문제 ····················· 300 
    제5장 사법부 
    • 기출․예상문제 ········ 303 
    • 판례문제 ····················· 314 
    제6장 헌법재판소 
    • 기출․예상문제 ········ 315 
    • 판례문제 ····················· 348 
     
    별책부록 
     
    대한민국헌법 • 4 
    헌법재판소법 • 23 
    감사원법 • 41 
    법원조직법 • 57 
    국민의 형사재판 참여에 관한 법률 • 82 

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