Research Reports

Title Research on cooperation of Legal Information between the Legislature and the Judiciary
Date 2019.03.14
Files Research on cooperation of Legal Information between the Legislature and the Judiciary.pdf Research on cooperation of Legal Information between the Legislature and the Judiciary.pdf

Research on cooperation of Legal Information between the Legislature and the Judiciary

There is a need for the cooperative sharing of legal information between the legislative and judicial branches, as it is a way of reciprocal cooperation that contributes to each respective branch that serves their inherent functions by expanding the sharing of legislative and judiciary information, based on an intrinsic relationship of cooperation that seeks to accomplish the common goals of a nation's legal system.
 
The judicial branch can seek to improve the outcomes of judicial rulings such as the accuracy and democratic nature of trials by utilizing legislative information, and improve rules that govern the trial process by sharing judicial information; the legislative branch can strengthen the binding power of democratic, intentional law-making through providing legislative information, and utilize judicial information to enhance the quality of the finished legislation.
 
However, South Korea's current state of cooperation on sharing legislative and judicial information faces difficulties in information production and distribution that fail to deliver adequate information. Even utilizing legislative and judicial information is limited by several restrictive factors.
 
In other countries, the form of cooperation in sharing legislative and judicial information seems to differ by the respective country's political system, legal environment and other factors; the United States and Germany, among others, appear to offer sound legislative information through systematic legislative material, while the sharing of judicial information appears to be maintained by limited cooperation according to each country's situation, restricted by the principle of the separation of powers.
 
There is a need for stronger cooperation between the legislative and judicial branches to share legal information when considering the opportunity cost on national and societal benefit. But concrete methods of cooperation must be reasonably sought in a flexible, less burdensome way that sets up a system of cooperation that fits the situation, with realistic limitations such as the restrictive effect of the separation of powers in mind. In order to set up a system of cooperation, there needs to be improvements in the production and distribution of legislative information as well as a systematic improvement of the legislative process itself; for judicial information, a systematic way of providing judicial information must be established.
 

 


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