Hong Sik Cho, A Study on Inherent Police Power －Using Stray Thoughts on Legal Grounds of General Police Power as Writing Material (2018), Seoul Law Journal, Vol 59, No.4 (2018), pp. 1-39.
<Abstract>
Our contemporary state is called as ‘administrative state.’ Nowadays, administrative power among state powers is strengthened, which expands governmental intervention into the realm of market and society. The following legal question is being raised in the aftermath of this phenomenon: whether the executive has the power to impose new regulation on citizens’ activities that assume different aspects, and if so, on what ground it is based. Police power, which is to limit citizens’ liberty, was conceived with a view to coping with threat to public order that cannot but to be posed as long as humans live together in a society. However, our history often witnessed that police power was misused or abused to harm humans’ fundamental rights. This is why the above-mentioned questions are raised. In this essay, the author approaches them from a variety of perspectives including historical, comparative, theoretical and philosophical, and then cautiously explores the possibility that ‘inherent’ police power can be conceived.
<Keywords>
inherent police power general clause authorizing police power Rechtsstaat non-delegation doctrine Minobe Datsugichi nightwatchman state “Presidential Administration” raison d’etre of state social contract inherent limit of fundamental right authority
Hong Sik Cho, A Study on Inherent Police Power －Using Stray Thoughts on Legal Grounds of General Police Power as Writing Material (2018), Seoul Law Journal, Vol 59, No.4 (2018), pp. 1-39.
<Abstract>
Our contemporary state is called as ‘administrative state.’ Nowadays, administrative power among state powers is strengthened, which expands governmental intervention into the realm of market and society. The following legal question is being raised in the aftermath of this phenomenon: whether the executive has the power to impose new regulation on citizens’ activities that assume different aspects, and if so, on what ground it is based. Police power, which is to limit citizens’ liberty, was conceived with a view to coping with threat to public order that cannot but to be posed as long as humans live together in a society. However, our history often witnessed that police power was misused or abused to harm humans’ fundamental rights. This is why the above-mentioned questions are raised. In this essay, the author approaches them from a variety of perspectives including historical, comparative, theoretical and philosophical, and then cautiously explores the possibility that ‘inherent’ police power can be conceived.
<Keywords>
inherent police power general clause authorizing police power Rechtsstaat non-delegation doctrine Minobe Datsugichi nightwatchman state “Presidential Administration” raison d’etre of state social contract inherent limit of fundamental right authority