헌법은 단순히 헌법 조문에서만 문제가 출제되는 것이 아니라, 수많은 부속법률에서도 출제 되고 있으며, 1989. 1. 25. 선고된 판례부터 시험 직전에 선고된 판례까지 출제되고 있습니 다. 또한 판례의 결론뿐 아니라 그 이유까지 묻는 등 갈수록 깊이 있는 문제가 출제되고 있으 므로 공부량이 방대합니다.
따라서 효율적인 공부전략이 필요합니다. 결국 수험생들은 헌법과목을 시간 투자 대비 점수 상승폭이 큰 과목으로 만들어야 하며 이것이 합격의 관건입니다.
이 책은 헌법공부의 양을 최대한 줄이면서도 고득점 할 수 있는 교재를 만드는 데 중점을 두었습니다.
1. 수험생들의 시간을 절약시키기 위하여 헷갈리기 쉬운 제도와 판례를 표로 만들어 정리하였습니다,
2. 효율성을 높이기 위하여 교재 내용 중 출제가능성이 높은 부분에 밑줄을 그었습니다.
3. 사례형 문제에 대비하여 여러 쟁점이 문제된 판례는 모든 쟁점을 한 번에 정리할 수 있도록 판례 전체를 소개하였습 니다.
4. 국가직 7급, 지방직 7급, 국가직 5급, 법원행시, 법원직, 변호사시험, 경정승진시험 등 모든 국가시험의 기출지문 중다시 출제 가능한 부분을 반영하였으며, 최근 2022년에 시행된 변호사시험, 경정승진시험 및 국가직 5급 시험에서 출제된 부분까지 반영하였습니다.
5. 부속법령은 2022년 6월 12일까지 개정된 내용을 반영하였고, 헌법재판소 판례는 2022년 5월 26일에 선고된 결정까지 수록하였습니다.
아무쪼록 이 책이 헌법공부에 많은 도움이 되어 합격하기를 바랍니다.
2022년 6월 15일 유시완
▶▶▶▶ 헌법의 공부 방법
헌법 시험 문제는 헌법이론, 판례, 헌법조문, 부속법률 등으로 구성됩니다.
먼저 헌법이론을 정확히 이해해야 합니다. 이론에서 많이 출제되는 것은 아니지만 헌법판례와 부속법률을 이해하고 암기하기 위해서는 이론을 먼저 알아야 합니다.
둘째, 헌법판례를 완벽하게 정리해야 합니다. 판례의 사실관계를 알고 결정문의 논리적 구성을 이해하면 판례 암기가 쉬워집니다.
셋째, 헌법조문을 정확히 암기해야 합니다. 헌법조문의 단어 하나하나가 왜 그렇게 규정되었는 지를 이해해야 헌법조문을 정확히 암기할 수 있습니다.
마지막으로 부속법령을 정리해야 합니다. 그 많은 법률을 다 외울 필요는 없습니다. 기출문제및 최근 개정된 부분을 중심으로 양을 줄여야 합니다.
PART 1 ｜ 헌법총론
Chapter 1 헌법총설
제1절 헌법의 개념과 분류 ································································································· 2
제2절 헌법의 특성 ·········································································································· 3
제3절 합헌적 법률해석 ······································································································· 4
제4절 헌법의 제정 ·············································································································· 9
제5절 헌법의 개정 ············································································································ 10
제6절 헌법의 변천 ············································································································· 17
제7절 헌법의 수호 ············································································································· 18
Chapter 2 대한민국 헌법총설
제1절 대한민국 헌정사 ······································································································ 21
제2절 대한민국의 국가형태 ······························································································ 28
제3절 대한민국의 국민과 영역 ························································································· 29
제4절 헌법의 기본원리 ····································································································· 44
제5절 헌법의 기본제도 ····································································································· 79
PART 2 ｜ 기본권
Chapter 1 기본권 총론
제1절 기본권의 성격 ······································································································· 164
제2절 기본권의 주체 ······································································································· 165
제3절 기본권의 효력 ······································································································· 172
제4절 기본권의 보호의무 ································································································ 174
제5절 기본권의 경합과 충돌 ····························································································· 177
제6절 기본권의 제한과 그 한계 ······················································································ 182
제7절 기본권의 침해와 구제 ··························································································· 190
Chapter 2 인간의 존엄과 가치·행복추구권·평등권
제1절 인간의 존엄과 가치·행복추구권 ·········································································· 193
제2절 평등권 ··················································································································· 218
Chapter 3 자유권적 기본권
제1절 인신의 자유 ·········································································································· 245
제2절 사생활의 자유 ······································································································ 299
제3절 정신의 자유 ·········································································································· 328
제4절 경제의 자유 ·········································································································· 389
Chapter 4 정치적 기본권
제1절 정치적 자유권 ······································································································· 439
제2절 참정권 ··················································································································· 439
제3절 직업공무원제도 ···································································································· 450
Chapter 5 청구권적 기본권
제1절 청원권 ··················································································································· 453
제2절 재판청구권 ············································································································ 456
제3절 형사보상청구권 ····································································································· 471
제4절 국가배상청구권 ····································································································· 476
제5절 범죄피해자구조청구권 ·························································································· 487
Chapter 6 사회적 기본권
제1절 인간다운 생활을 할 권리 ····················································································· 490
제2절 교육을 받을 권리 ································································································· 494
제3절 근로의 권리 ·········································································································· 501
제4절 근로3권 ················································································································ 505
제5절 환경권 ··················································································································· 514
제6절 혼인과 가족생활 ··································································································· 516
Chapter 7 국민의 기본적 의무 ······································································································ 520
PART 3 ｜ 통치구조
Chapter 1 통치구조의 구성 원리
제1절 대의제의 원리 ······································································································· 524
제2절 권력분립의 원리 ··································································································· 528
제3절 정부형태 ··············································································································· 530
Chapter 2 국 회
제1절 국회의 구성과 조직 ······························································································ 533
제2절 국회의 운영과 의사절차 ······················································································· 544
제3절 국회의 입법권 ······································································································· 551
제4절 국회의 재정에 관한 권한 ····················································································· 559
제5절 국회의 헌법기관구성권 ························································································ 568
제6절 국회의 국정통제권 ································································································ 571
제7절 국회의 자율권 ······································································································· 584
제8절 국회의원의 특권과 의무 ······················································································· 587
Chapter 3 대통령과 행정부
제1절 대통령의 헌법상 지위 ··························································································· 591
제2절 대통령의 신분상 지위 ·························································································· 592
제3절 대통령의 국가긴급권 ···························································································· 595
제4절 대통령의 입법권 ··································································································· 501
제5절 사면권 ··················································································································· 615
제6절 대통령의 그 밖의 권한 ························································································· 619
제7절 대통령의 권한행사에 대한 통제 ·········································································· 621
제8절 국무총리 ··············································································································· 622
제9절 국무위원과 행정각부의 장 ··················································································· 625
제10절 국무회의 ·············································································································· 627
제11절 대통령의 자문기관 ······························································································· 629
제12절 감사원 ·················································································································· 631
제13절 선거관리위원회 ··································································································· 634
Chapter 4 법 원
제1절 사법권의 독립 ······································································································· 635
제2절 법원의 조직 ·········································································································· 648
제3절 사법절차와 운영 ··································································································· 653
제4절 법원의 권한 ·········································································································· 655
Chapter 5 헌법재판소
제1절 헌법재판제도 연혁 ································································································ 660
제2절 헌법재판소의 구성과 조직 ··················································································· 660
제3절 헌법재판소의 일반심판절차 ·················································································· 663
제4절 위헌법률심판 ········································································································· 671
제5절 헌법소원심판 ········································································································ 695
제6절 권한쟁의심판 ········································································································ 759
