이 글의 목적은 경국대전으로 완성되는 조선 초기의 정치체제를 유교적 입헌군주제로 규정하고, 통치권력의 행사를 제약했던 입헌주의적 기제들의 존재방식을 확인하는 한편 그 기제들이 어떤 방식으로 통치권력 특히 임금의 권력을 통제했는가를 조명함으로써 창업 이후 조선이 나름대로 정교한 입헌주의 국가로 발전하고 있었다는 것을 주장하는 것이다. 이 글에서는 입헌주의가 근거하고 있는 헌법을 실정헌법은 물론 헌법관행들과 기타 헌법적 자료들을 포괄하는 가장 광의의 의미로 사용한다. 그리하여 조선 창업으로부터 경국대전체제의 안정화단계에 이르기까지 조선국가의 권력구조를 분장하고 왕권을 제약했으며, 安民이라는 유교적 민본주의의 목표를 실현토록 왕권과 신료들에 제약을 가했던 중요한 입헌 통치의 요소들 ― 헌법적 문서들과 관행들 그리고 제도들 ― 을 재조명하는 한편, 이런 요소들이 조선 초기의 제도적 장치들 및 권력구조와 맞물려 작용함으로써 조선 특유의 유교적 입헌군주제로 발전하고 있었다는 것을 보여주고자 한다. 특히 이 글은 유교적 입헌주의 요소들을 임금의 성품과 덕성 그리고 지식으로 化肉身 시킨(incarnated) 제도적 장치들 및 임금과 신료들의 권력행사를 외부로부터 제어했던 권력 관계의 중요성을 강조한다. 왜냐하면, 화육신된 헌법요소로서의 임금 개념 및 임금 속에 화육신된 헌법요소들이 온전히 작동하도록 압박하는 권력 관계야말로 조선 초 유교적 입헌주의의 고유한 특징이기 때문이다.

While defining the political form of early Chosun Dynasty as a kind of constitutional monarchy, this paper aims both to identify the forms or mechanisms in which constitutional principles and institutions existed and operated at that time, and to argue that early Chosun Dynasty was well under way of developing its own sophisticated constitutional state, on the basis of an explanation of how various constitutional elements and mechanisms of the period worked together to control the political power, especially kings' power. In this paper, the concept of constitution is broadly taken to include written constitutional law, constitutional practices and other materials that have constitutional meanings or implications. On the basis of this broad understanding of constitution, I try to examine important constitutional materials and institutions that jointly functioned to effectively constrain political power and coerced competing political forces to endorse constitutional principles and do their best to put the basic Confucian principle Anmin(安民, people's overall well-being) into practice. Special emphasis is laid both on the concept, ‘king as incarnated constitutional elements’, which functioned as a unique pillar of Confucian constitutionalism in early Chosun Dynasty, and on the particular way of interaction between kings as incarnated constitutional elements and power structure. In early Chosun Dynasty, power structure, both between kings and high officials and among competing political factions, was another pillar of Confucian constitutionalism which pressured various political forces and factions to conform to constitutional principles through reciprocal check and balance. In chapter 2, important Confucian classics and ideas and several public institutions of early Chosun Dynasty are identified and examined in terms of their Confucian constitutional roles. The constitutional roles or significances of Seo'yeon(書筵, Lecture for Crown Princess), Gyeong,yeon(經筵, Royal Lecture), Gukjo orye-ui(國朝五禮儀, The National Fives Rites), Chunchugwan(春秋館, Office for Annals Compilation) and so on are examined. In chapter 3, division of political power between governmental branches and the way in which the divided powers held each other in check during early Chosun Dynasty are analyzed in relation to the completion of Confucian constitutionalism. In chapter 4 it is argued that Confucian constitutionalism of early Chosun Dynasty reflected the substantial Confucian Value of Anmin, and in chapter five some significances or meanings, for modern constitutional politics, that Confucian constitutionalism of early Chosun Dynasty has are critically examined. It is suggested that Confucian virtues can be applied to improve modern liberal constitutionalism as well.

While defining the political form of early Chosun Dynasty as a kind of constitutional monarchy, this paper aims both to identify the forms or mechanisms in which constitutional principles and institutions existed and operated at that time, and to argue that early Chosun Dynasty was well under way of developing its own sophisticated constitutional state, on the basis of an explanation of how various constitutional elements and mechanisms of the period worked together to control the political power, especially kings' power. In this paper, the concept of constitution is broadly taken to include written constitutional law, constitutional practices and other materials that have constitutional meanings or implications. On the basis of this broad understanding of constitution, I try to examine important constitutional materials and institutions that jointly functioned to effectively constrain political power and coerced competing political forces to endorse constitutional principles and do their best to put the basic Confucian principle Anmin(安民, people's overall well-being) into practice. Special emphasis is laid both on the concept, ‘king as incarnated constitutional elements’, which functioned as a unique pillar of Confucian constitutionalism in early Chosun Dynasty, and on the particular way of interaction between kings as incarnated constitutional elements and power structure. In early Chosun Dynasty, power structure, both between kings and high officials and among competing political factions, was another pillar of Confucian constitutionalism which pressured various political forces and factions to conform to constitutional principles through reciprocal check and balance. In chapter 2, important Confucian classics and ideas and several public institutions of early Chosun Dynasty are identified and examined in terms of their Confucian constitutional roles. The constitutional roles or significances of Seo'yeon(書筵, Lecture for Crown Princess), Gyeong,yeon(經筵, Royal Lecture), Gukjo orye-ui(國朝五禮儀, The National Fives Rites), Chunchugwan(春秋館, Office for Annals Compilation) and so on are examined. In chapter 3, division of political power between governmental branches and the way in which the divided powers held each other in check during early Chosun Dynasty are analyzed in relation to the completion of Confucian constitutionalism. In chapter 4 it is argued that Confucian constitutionalism of early Chosun Dynasty reflected the substantial Confucian Value of Anmin, and in chapter five some significances or meanings, for modern constitutional politics, that Confucian constitutionalism of early Chosun Dynasty has are critically examined. It is suggested that Confucian virtues can be applied to improve modern liberal constitutionalism as well.

Confucian Constitutionalism, Power Structure, Balance of Power, the Annals of the Chosun Dynasty, Anmin(安民)