A Study on the Constitutional Principles and Budget Legalism

This study examines the potential introduction of budget legalism in South Korea from a constitutional perspective. Current discussions on budget legalism focus on strengthening the fiscal control of the National Assembly, often favoring the American model. However, South Korea has maintained a non-legalistic budget system, similar to Japan and Norway, since its founding Constitution. Introducing budget legalism would significantly alter the national fiscal system, requiring a constitutional decision. It is essential to carefully assess its alignment with fundamental constitutional principles such as fiscal democracy, separation of powers, and the rule of law. While National Assembly approval of the budget is crucial, legislating the budget may not be strictly necessary. Moreover, budget legalism may have limited external effects, although it could enable constitutional judicial review. There is no inherent link between a political system and budget legalism, and following the American model without considering its limitations would be misguided. Ultimately, adopting budget legalism would require a constitutional amendment and fundamental reform. Any change must consider constitutional principles and the political system as a whole, while also ensuring the role of minority parties in a majority-dominated political environment.