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  • 2020 채한태 명품헌법(전3권+부록)

    저자채한태

    출판사북이그잼

    발행일2019.09월

    페이지492+736+352+96쪽

    판형4x6배판

    ISBN9791156838593

    정가 50,000

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 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)

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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