2023 MASTER 경찰헌법 기본서

[ Part 1 헌법총론 ]

1. 대한민국 헌법사 ································································································ 3
제01절 헌법의 제정과 개정 ····················································································· 3
제1항 헌법의 제정과정과 제헌헌법 / 3 제2항 헌법의 개정과정 / 5
제02절 다각도의 비교 ·························································································· 16
제1항 개헌별 헌정사 요지 / 16 제2항 사항별 헌정사 요지 / 18
제3항 개헌의 ‘절차’ 또는 ‘내용’의 위헌 사항 / 22
2. 헌법의 의의와 특성 및 해석 ·············································································· 23
제01절 헌법의 다양한 의미와 그 비교 ···································································· 23
제02절 헌법의 특성 ····························································································· 26
제03절 헌법의 해석과 법률의 합헌적 해석 ······························································ 27
3. 헌법의 제정·변천·개정 ······················································································ 31
제01절 헌법의 제정 ····························································································· 31
제02절 헌법의 변천 ····························································································· 33
제03절 헌법의 개정 ····························································································· 35
4. 헌법수호제도 ··································································································· 41
제01절 헌법수호제도의 분류 ················································································· 41
제02절 국가긴급권 ······························································································· 42
제03절 저항권 ····································································································· 44
제04절 방어적 민주주의 ······················································································· 46
5. 헌법전문 ········································································································· 49
6. 국가형태와 그 구성요소 ···················································································· 51
제1항 대한민국의 국가형태 / 51 제2항 국가형태 / 52
제3항 국적과 재외국민 보호의무 / 54 제4항 영토조항과 평화통일주의 / 59
7. 대한민국의 기본원리 ························································································ 66
제01절 민주국가원리 ···························································································· 66
제02절 국민주권원리 ···························································································· 70
제03절 법치국가원리 ···························································································· 74
제04절 사회국가원리 ···························································································· 78
제05절 문화국가원리 ···························································································· 84
8. 대한민국의 기본질서 ························································································ 85
제01절 민주적 기본질서 ······················································································· 85
제02절 국제질서 ·································································································· 88
제03절 사회적 시장경제질서 ················································································· 94
9. 대한민국의 기본제도 ························································································ 99
제01절 기본권과 제도 ·························································································· 99
제02절 제도적 보장 ··························································································· 103
제03절 공무원제도 ····························································································· 106
제04절 정당제도 ································································································ 108
제1항 연 혁 / 108 제2항 정당의 지위와 성격 및 권리와 의무 / 110
제3항 정당의 조직과 소멸 / 113 제4항 위헌정당해산제도 / 116
제05절 선거제도 ································································································ 124
제1항 선거인과 대의기관과의 관계 / 124 제2항 선거의 5대원칙 / 124
제3항 선거의 종류 / 127 제4항 투표제와 대표제 및 선거구제 / 128
제5항 한국의 선거제도 / 134 제6항 선거관련 쟁송제도 / 144
제7항 당선무효와 재정신청제도 / 146
제06절 지방자치제도 ·························································································· 149
제1항 개 관 / 149 제2항 지방자치단체의 사무와 그 기관 / 152
제3항 지방의회와 단체장의 권한과 그에 대한 통제 / 156 제4항 주민의 권리 / 159
제07절 혼인·가족제도, 모성보호제도, 보건제도 ······················································ 163
제1항 존엄·평등에 기초한 혼인·가족제도 / 163 제2항 모성보호제도 / 164
제3항 보건제도 / 165

[ Part 2 국민의 권리와 의무 ]

1. 기본권 총론 ·································································································· 169
제01절 인권 또는 기본권의 정립과 그 본질 및 발전 ·············································· 169
제1항 인권 또는 기본권의 정립과정과 그 본질론 / 169
제2항 인권의 발전과 연대권 / 177
제02절 기본권의 주체 ························································································ 179
제1항 기본권의 능력과 행사능력 / 179
제2항 수정란과 태아의 기본권 주체성 인정여부 / 180
제3항 외국인의 기본권 주체 인정여부와 그 인정범위 / 181
제4항 법인의 기본권 주체 인정여부와 그 인정범위 / 184
제5항 공무원의 양면적 지위와 기본권 주체의 인정여부 / 186
제6항 국가와 지방자치단체의 기본권 주체의 인정여부 / 187
제03절 기본권의 효력(구속력·강제력) ··································································· 189
제1항 기본권의 대국가효와 대사인효 / 189 제2항 기본권의 갈등과 그 해결 / 195
제04절 기본권의 한계와 제한 ·············································································· 207
제1항 개 관 / 207 제2항 기본권의 내재적 한계 / 208
제3항 기본권 제한의 유형 / 211 제4항 기본권 제한의 일반원리 / 215
제5항 법률유보의 예외 / 221
제05절 기본권의 보호(침해와 구제) ······································································ 225
제1항 개 관 / 225 제2항 입법기관에 의한 기본권의 침해와 구제 / 226
제3항 집행기관에 의한 기본권의 침해와 구제 / 231
제4항 사법기관에 의한 기본권의 침해와 구제 / 234
제5항 사인(私人)에 의한 기본권의 침해와 그 구제 / 236
제6항 국민권익위원회와 국가인권위원회에 의한 구제 / 238
제7항 기본권보호의 최후수단으로서의 저항권에 의한 구제 / 239
2. 기본권 각론 ·································································································· 240
제01절 포괄적 기본권 ························································································ 240
제1항 인간존엄권과 행복추구권 / 240 제2항 평등원칙과 평등권 / 251
제02절 자유권 ··································································································· 258
제1항 인신(人身. 身體)의 자유 / 258
제2항 소급입법에 의한 참정권 제한 및 재산권 박탈 금지 / 284
제3항 경제적 영역의 자유 / 285 제4항 사생활영역의 자유 / 290
제5항 정신적 자유 / 307
제03절 재산권 ··································································································· 342
제1항 재산권의 보장 / 342 제2항 재산권의 헌법적 의무 및 한계 / 343
제3항 재산권의 공용제한과 정당보상 / 347 제4항 재산권 규정의 특성 / 352
제04절 참정권 ··································································································· 353
제1항 선거권 / 353 제2항 공무담임권 / 353 제3항 국민투표권 / 354
제4항 주민투표권 등 지방자치참정권 / 354
제05절 청구권 ··································································································· 355
제1항 청원권 / 355 제2항 재판청구권 / 357 제3항 형사보상청구권 / 363
제4항 국가배상청구권 / 367 제5항 범죄피해자구조청구권 / 374
제06절 사회권 ··································································································· 379
제1항 인간다운 생활권 / 379 제2항 교육을 받을 권리 / 381
제3항 근로의 권리 / 385 제4항 근로3권 / 388
제5항 존엄·평등한 혼인·가족제 보장받을 권리/모성 보호 받을 권리/보건권 / 392
제07절 연대권 ··································································································· 395
제1항 환경권 / 395 제2항 소비자의 권리 / 399
3. 국민의 기본적 의무 ························································································ 402

[ 부 록 ]

Ⅰ. 빈출 숫자(頻出 數字) ···················································································· 407
Ⅱ. 대한민국 헌법재판제도의 개관 ········································································ 409
제1항 헌법재판의 부호·제목·주문의 표기 / 411
제2항 현행법상 헌법재판소권한의 개관과 그 쟁점 / 412
제3항 위헌법률심판·위헌소원심판·헌법소원심판의 절차 / 414
Ⅲ. 대한민국헌법 ································································································ 416
❖ 참고문헌 ······································································································· 428