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영어

In Korea, President can make decrees or ordinances concerning matters delegated to him by Acts with the scope specially defined and also matters necessary to enforce Acts. When any presidential decree or ordinance does not belong to any Act, its validity becomes controversial in terms of constitutionality. However, ordinance-making power should be considered as means, not as objects. If Constitution vests some duties to a position, it should be interpreted that it also gives the power, including ordinance-making power, sufficient to implement those duties.(Most constitutional theorists seem to disagree with this idea. If not, there is no way to do constitutional duties without the help of other institutions with competence of making ordinances. With respect to the Korean President, since Korea adopts the doctrine of Separation of Powers as one of its constitutional principles, he has to rely on congressional legislation to do his duties.
On the other hand, American President enjoys much wider ordinance-making power. Executive Order is the most significant one among them. However, the Constitution of the United States does not explicitly give President the ordinance-making power. Nevertheless every one has admitted that President has ordinance-making power.
In this study, the sources of Executive Orders are enumerated as follows : constitutional powers vested to President, the delegation by the Congress, and the inherent powers of President, which is still controversial.
Through this study, we can assure that ordinance-making power is a tool to implement duties. If you give someone a duty, it means that you also give him to issue orders to carry out the duty. As this idea seems rather unfamiliar in Korea, we need to have close attention to this matter.