강성민 Signature 경찰헌법
도서명:강성민 Signature 경찰헌법
저자/출판사:강성민/좋은책
쪽수:714쪽
출판일:2022-09-08
ISBN:9791163484776
목차
PART 1 ｜ 헌법총론
제1장 헌법과 헌법학 / 10
제1절 헌법일반 ····························10
Ⅰ. 헌법의 개념 ························10
Ⅱ. 헌법관 ····························14
Ⅲ. 헌법의 특성 ························16
제2절 헌법의 해석 ·························17
Ⅰ. 헌법의 해석 ························17
Ⅱ. 합헌적 법률해석 ····················18
제3절 헌법의 제정 ·························21
Ⅰ. 헌법제정의 의의 ····················21
Ⅱ. 헌법제정권력 ·······················21
제4절 헌법의 개정 ·························22
Ⅰ. 헌법개정의 의의 및 필요성 ···········22
Ⅱ. 헌법개정의 한계 인정여부 ············22
Ⅲ. 헌법개정한계의 내용 ················23
Ⅳ. 한국헌법의 개정절차 ················24
제5절 헌법의 변천 ·························27
Ⅰ. 헌법변천의 의의 및 인정여부 ·········27
Ⅱ. 헌법개정과의 차이 ··················27
Ⅲ. 헌법변천의 인정여부 ················27
Ⅳ. 헌법변천의 요건 ·····································27
Ⅴ. 헌법변천의 한계 ····················28
Ⅵ. 구체적 사례 ························28
제6절 헌법의 수호 ·························29
Ⅰ. 헌법의 수호(보호)의 의의 ·············29
Ⅱ. 헌법의 수호(보호)의 종류 ·············29
Ⅲ. 저항권 ····························30
Ⅳ. 방어적 민주주의 ····················32
Ⅴ. 국가긴급권 ·························33
제2장 대한민국 헌법총설 / 44
제1절 대한민국 헌정사 ·····················44
제2절 대한민국의 국가형태 ·················59
Ⅰ. 국가형태의 의의 ····················59
Ⅱ. 국가형태에 대한 현대적 분류 ·········59
Ⅲ. 대한민국의 국가형태 ················59
제3절 대한민국의 구성요소 ·················60
Ⅰ. 주권 ······························60
Ⅱ. 국민 ······························61
Ⅲ. 영역 ······························70
제4절 한국헌법의 기본원리 ·················75
제1항 헌법전문 ························75
Ⅰ. 헌법 전문의 의의 ···················75
Ⅱ. 헌법 전문의 규범적 효력 ·············76
Ⅲ. 헌법전문의 내용 ····················77
제2항 국민주권 원리 ····················78
Ⅰ. 국민주권 원리의 개념 ················78
Ⅱ. 현행 헌법상 국민주권 원리의 구현 ·····80
제3항 민주주의 원리 ····················81
Ⅰ. 민주주의의 개념 ····················81
Ⅱ. 민주주의의 내용 ····················82
Ⅲ. 오늘날 민주주의의 형태 ··············83
Ⅳ. 현행 헌법상 민주주의 원리의 구현 ·····83
제4항 법치국가 원리 ····················84
Ⅰ. 법치국가 원리의 의의 ················84
Ⅱ. 법치국가 원리의 내용 ················85
Ⅲ. 현행 헌법상 법치주의 원리의 구현 ·····85
제5항 사회국가 원리 ····················96
Ⅰ. 사회국가의 의의 ····················96
Ⅱ. 사회국가원리의 수용 ················96
Ⅲ. 사회국가원리의 한계 ················96
Ⅳ. 현행 헌법상 사회국가 원리의 구현 ·····97
제6항 문화국가 원리 ···················103
Ⅰ. 문화국가 원리의 의미 ···············103
Ⅱ. 문화국가원리의 내용 ···············103
Ⅲ. 현행 헌법상 문화국가 원리의 구현 ····104
제7항 국제평화주의 ····················106
Ⅰ. 국제평화주의의 의의 ···············106
Ⅱ. 침략전쟁의 부인 ···················106
Ⅲ. 평화통일의 지향 ···················107
Ⅳ. 외국인의 법적지위 보장 ·············107
Ⅴ. 국제법존중주의 ····················108
제5절 한국헌법의 기본제도 ················115
제1항 정당제도 ·······················115
Ⅰ. 헌법상 정당제도 및 정당의 기능 ······115
Ⅱ. 정당의 개념 ·······················115
Ⅲ. 정당의 지위 ·······················115
Ⅳ. 정당의 법적 성격 ··················116
Ⅴ. 정당의 자유 ·······················116
Ⅵ. 정당의 설립 ·······················118
Ⅶ. 정당의 활동 ·······················120
Ⅷ. 당내 민주주의(당내 민주화) ··········121
Ⅸ. 정당의 소멸 ·······················123
Ⅹ. 정당과 정치자금 ···················131
제2항 선거제도 ·······················138
Ⅰ. 선거권 ···························138
Ⅱ. 선거제도의 기본원칙 ···············143
Ⅲ. 대표제와 선거구제 ·················153
Ⅳ. 현행 헌법상 선거제도 ···············157
제3항 공무원제도 ·····················180
Ⅰ. 공무원의 의의 ·····················180
Ⅱ. 국민 전체에 대한 봉사자로서의 공무원 181
Ⅲ. 직업공무원제도 ····················181
제4항 지방자치제도 ····················188
Ⅰ. 지방자치제도 개설 ·················188
Ⅱ. 현행 헌법상 지방자치제도 ···········193
PART 2 ｜ 기본권론
제1장 기본권 총론 / 220
제1절 기본권 일반 ························220
Ⅰ. 기본권의 의미 ·····················220
Ⅱ. 기본권의 분류 ·····················220
Ⅲ. 기본권 보장의 역사 ·················222
제2절 기본권의 성격 ······················223
Ⅰ. 자연권성 및 실정권성, 주관적 공권 ····223
Ⅱ. 기본권의 이중적 성격 ···············223
Ⅲ. 헌법관에 따른 기본권의 성격 ········224
제3절 기본권과 제도보장 ··················225
Ⅰ. 제도보장의 의의 ···················225
Ⅱ. 현행 헌법상 제도보장 ···············225
제4절 기본권의 주체 ······················226
Ⅰ. 의의 ·····························226
Ⅱ. 구체적 검토 ·······················226
제5절 기본권의 효력 ······················234
Ⅰ. 의의 ·····························234
Ⅱ. 기본권의 대국가적 효력 ·············234
Ⅲ. 기본권의 대사인적 효력 ·············235
제6절 기본권의 경합과 충돌 ···············237
Ⅰ. 기본권의 경합 ·····················237
Ⅱ. 기본권의 충돌 ·····················239
제7절 기본권의 제한 및 한계 ··············243
Ⅰ. 의의 ·····························243
Ⅱ. 기본권의 내재적 한계 ···············243
Ⅲ. 기본권 제한의 유형 ·················243
Ⅳ. 기본권 제한의 일반원칙 ·············245
제8절 기본권의 침해와 구제 ···············273
Ⅰ. 입법부에 의한 침해와 구제 ··········273
Ⅱ. 행정부에 의한 침해와 구제 ··········273
Ⅲ. 사법부에 의한 침해와 구제 ··········274
Ⅳ. 사인에 의한 침해와 구제 ············274
Ⅴ. 국가인권위를 통한 구제 ·············274
제9절 기본권의 보호의무 ··················278
Ⅰ. 의의 ·····························278
Ⅱ. 헌법적 근거 ·······················279
Ⅲ. 내용 ·····························279
제2장 인간의 존엄과 가치·행복추구권 / 284
제1절 인간의 존엄과 가치 ·················284
Ⅰ. 의의 및 성격 ······················284
Ⅱ. 주체 ·····························284
Ⅲ. 일반적 인격권 ·····················286
제2절 행복추구권 ·························292
Ⅰ. 의의 및 법적성격 ··················292
Ⅱ. 내용 ·····························292
제3장 평등권 / 311
Ⅰ. 의의 ····························311
Ⅱ. 내용 ·····························311
Ⅲ. 적극적 평등실현조치 ···············318
Ⅳ. 간접차별 ·························318
Ⅴ. 평등원칙에 관한 판례 ···············319
제4장 자유권적 기본권 / 339
제1절 인신에 관한 자유 ···················339
제1항 생명권 ·························339
Ⅰ. 의의 및 내용 ·····················339
Ⅱ. 제한 및 한계 ······················340
제2항 신체를 훼손당하지 않을 권리 ·······342
제3항 신체의 자유 ·····················343
Ⅰ. 의의 ·····························343
Ⅱ. 신체의 자유의 실체적 보장 ··········347
Ⅲ. 신체의 자유의 절차적 보장 ··········370
제2절 사생활영역의 자유 ··················400
제1항 사생활의 비밀과 자유 ·············400
Ⅰ. 의의 ·····························400
Ⅱ. 내용 ·····························401
제2항 주거의 자유 ·····················420
Ⅰ. 의의 ·····························420
Ⅱ. 내용 ·····························420
제3항 거주·이전의 자유 ·················422
Ⅰ. 의의 ·····························422
Ⅱ. 주체 ·····························422
Ⅲ. 내용 ·····························423
제4항 통신의 자유 ·····················426
Ⅰ. 의의 ·····························426
Ⅱ. 내용 ·····························426
Ⅲ. 효력 ·····························427
Ⅳ. 제한 및 한계 ······················428
제3절 정신생활영역의 자유 ················435
제1항 양심의 자유 ·····················435
Ⅰ. 의의 ·····························435
Ⅱ. ‘양심’의 의의 ······················435
Ⅲ. 주체 ·····························437
Ⅳ. 내용 ·····························437
Ⅴ. 제한 및 한계 ······················438
제2항 종교의 자유 ·····················444
Ⅰ. 의의 ·····························444
Ⅱ. 주체 ·····························444
Ⅲ. 내용 ·····························444
Ⅳ. 제한 및 한계 ······················445
Ⅴ. 국교부인과 정교분리의 원칙 ·········449
제3항 언론·출판의 자유 ·················450
Ⅰ. 의의 ·····························450
Ⅱ. 내용 ·····························450
Ⅲ. 제한 ·····························457
Ⅳ. 한계 ·····························464
Ⅴ. 알 권리, 엑세스권, 언론기관의 자유 ···466
제4항 집회·결사의 자유 ·················477
Ⅰ. 집회의 자유 ·······················477
Ⅱ. 결사의 자유 ·······················489
제5항 학문과 예술의 자유 ···············494
Ⅰ. 학문의 자유 ·······················494
Ⅱ. 예술의 자유 ·······················499
제4절 경제생활영역의 자유 ················501
제1항 재산권 ·························501
Ⅰ. 의의 ·····························501
Ⅱ. 재산권보장의 내용 ·················507
Ⅲ. 재산권의 제한 ·····················509
Ⅳ. 재산권의 공용침해 ·················513
Ⅴ. 재산권에 관한 헌법재판소 결정례 ·····516
Ⅵ. 특별부담금의 헌법적 한계 ···········524
제2항 직업의 자유 ·····················528
Ⅰ. 의의 ·····························528
Ⅱ. 주체 ·····························530
Ⅲ. 내용 ·····························532
Ⅳ. 제한 및 한계 ······················534
제3항 소비자의 권리 ···················557
제5장 정치적 기본권 / 559
제1절 총설 ································559
제2절 참정권 ·····························561
Ⅰ. 의의 ·····························561
Ⅱ. 법적 성격 ·························561
Ⅲ. 주체 ·····························561
Ⅳ. 내용 ·····························561
Ⅴ. 참정권 제한의 한계 ·················576
제6장 청구권적 기본권 / 577
제1절 청구권적 기본권 일반이론 ···········577
제2절 청원권 ·····························578
Ⅰ. 의의 ·····························578
Ⅱ. 내용 ·····························578
Ⅲ. 청원법 이외의 관련 법률 ············581
제3절 재판청구권 ·························584
Ⅰ. 의의 ·····························584
Ⅱ. 법적 성격 ·························584
Ⅲ. 주체 ·····························584
Ⅳ. 내용 ·····························585
Ⅴ. 재판청구권의 제한 ·················604
Ⅵ. 형사피해자의 재판절차진술권 ········608
제4절 국가배상청구권 ·····················611
Ⅰ. 의의 ·····························611
Ⅱ. 법적 성격 ·························611
Ⅲ. 주체 ·····························612
Ⅳ. 내용 ·····························612
Ⅴ. 국가배상책임의 성질 ···············615
Ⅵ. 배상책임자 ························615
Ⅶ. 국가배상청구의 절차 ···············617
Ⅷ. 국가배상청구권의 제한 ··············618
제5절 형사보상청구권 ·····················622
Ⅰ. 의의 ·····························622
Ⅱ. 주체 ·····························622
Ⅲ. 내용 ·····························623
제6절 범죄피해자구조청구권 ···············627
Ⅰ. 의의 ·····························627
Ⅱ. 법적 성격 ·························627
Ⅲ. 주체 ·····························627
Ⅳ. 내용 ·····························628
Ⅴ. 범죄피해자구조청구권의 제한 ········630
제7장 사회적 기본권 / 631
제1절 사회적 기본권의 일반론 ·············631
Ⅰ. 의의 ·····························631
Ⅱ. 법적성격 ·························631
제2절 인간다운 생활을 할 권리 ············633
Ⅰ. 의의 ·····························633
Ⅱ. 주체 ·····························633
Ⅲ. 내용 ·····························633
Ⅳ. 제한 및 한계 ······················637
제3절 교육을 받을 권리 ···················641
Ⅰ. 의의 ·····························641
Ⅱ. 성격 ·····························641
Ⅲ. 주체 ·····························642
Ⅳ. 교육을 받을 권리의 내용 ············642
Ⅴ. 교육제도의 보장 ···················652
제4절 근로의 권리 ························657
Ⅰ. 의의 ·····························657
Ⅱ. 성격 ·····························657
Ⅲ. 주체 ·····························657
Ⅳ. 내용 ·····························658
제5절 근로3권 ····························664
Ⅰ. 의의 ·····························664
Ⅱ. 법적 성격 ·························664
Ⅲ. 주체 ·····························664
Ⅳ. 근로3권의 내용 ····················666
Ⅴ. 근로3권의 제한 및 한계 ·············672
제6절 환경권 ·····························680
Ⅰ. 의의 ·····························680
Ⅱ. 성격 ·····························680
Ⅲ. 내용 ·····························681
Ⅳ. 침해와 구제 ·······················682
제7절 혼인과 가족생활의 보장 ·············686
Ⅰ. 의의 ·····························686
Ⅱ. 성격 ·····························686
Ⅲ. 내용 ·····························686
제8절 모성의 보호 ························694
Ⅰ. 의의 ·····························694
Ⅱ. 내용 ·····························694
제9절 보건권 ·····························695
Ⅰ. 의의 ·····························695
Ⅱ. 내용 ·····························695
제8장 국민의 기본적 의무 / 697
Ⅰ. 의의 ·····························697
Ⅱ. 기본적 의무의 내용 ·················697
