State task, legislation and rule of law

As the society has undergone structural changes inequality became deeper, the social risks more unpredictable. It causes to weaken the rule of law in state action. This is because it is difficult to specify substantive standards in the legislation and the need to delegate them to administrative legislation has increased. Paradoxically, however, the normative power of the constitution should be restored by newly recognizing and actively constructing the rule of law. Since the 1987 the constitutional court was activated the constitutional court to make the rule of law, particularly its component principle of the proportionality an essential standard in judicial review. However, the rule of law is not exhausted in this function. The constitutional court performs an ex post review of the state action. Although this is an essential part of the rule of law, it has led to neglect the discourse on the behavioral standards as a sufficient condition. In order for the rule of law to guide legislation, the following steps are necessary. First, norms with the same or similar tasks must be able to function as an unified whole, complementing and replacing each other's functions. Second, it should be distinguished between essential and non-essential parts of the regulation, reflecting the specificity of legal relations and normative structures in question. In addition, if the possibility to legislate the essential components is limited, one should contemplate the possibility and limit of regulating the scope and content of delegation to administrative regulation. The rule of law centered on substantive law is of limited constitutional utility if the legislative objectives are realized by enforcement or other decisions at a lower level through the reconciliation of specialized understanding of the subject matter and the interests of the parties. Therefore, while stipulating the minimum substantive standards in the parliament act, the scope of matters to be specified at the lower level, and the organization and procedure for determining them, must be clearly stipulated in the law. The fact that a matter concerned is scheduled to be materialized at a lower level does not fulfill the function of the principle of the rule of law.