제1편 기본권 
 
제1장 기본권 총론 
 
제1절 기본권 일반 ·········································································2 
Ⅰ. 기본권의 의미 / 2 
 
제2절 기본권의 이중적 성격 ···························································2 
 
제3절 제도보장 ·············································································3 
 
제4절 기본권의 주체 ······································································3 
Ⅰ. 의 의 / 3 Ⅱ. 구체적 검토 / 3 
 
제5절 기본권의 효력 ······································································6 
Ⅰ. 기본권의 대국가적 효력 / 6  
Ⅱ. 기본권의 대사인적 효력 / 6 
 
제6절 기본권의 경합과 충돌 ····························································7 
Ⅰ. 기본권의 경합 / 7  
Ⅱ. 기본권의 충돌 / 8 
 
제7절 기본권의 제한 및 한계 ···························································9 
 
제8절 기본권의 침해와 구제 ···························································23 
Ⅰ. 입법부작위 / 23  
Ⅱ. 국가인권위원회 / 25 
 
제9절 기본권의 보호의무 ································································26 
Ⅰ. 의 의 / 26  
Ⅱ. 헌법적 근거 / 27 
Ⅲ. 보호의무 이행의 심사기준 - 과소보호금지원칙 / 27 
 
제2장 인간의 존엄과 가치·행복추구권 
제1절 인간의 존엄과 가치 ······························································29 
Ⅰ. 인간의 존엄과 가치 / 29  
Ⅱ. 일반적 인격권 / 29 
 
제2절 행복추구권 ···········································································33 
Ⅰ. 의의 및 성격, 내용 / 33  
Ⅱ. 구체적 내용 / 33 
 
제3장 평등권 
Ⅰ. 의 의 / 39  
Ⅱ. 내 용 / 39 
Ⅲ. 적극적 평등실현조치(잠정적 우대조치, Affirmative action) / 43 
 
제4장 자유권적 기본권 
 
제1절 인신에 관한 자유 ·······························································48 
┃제1항┃ 생명권 / 48 
Ⅰ. 의의 및 내용 / 48 
┃제2항┃ 신체의 자유 / 49 
Ⅰ. 의 의 / 49  
Ⅱ. 신체의 자유의 실체적 보장 / 50 
Ⅲ. 신체의 자유의 절차적 보장 / 57 
 
제2절 사생활영역의 자유 ······························································68 
┃제1항┃ 사생활의 비밀과 자유 / 68 
┃제2항┃ 주거의 자유 / 73 
┃제3항┃ 거주·이전의 자유 / 74 
Ⅰ. 의 의 / 74 
┃제4항┃ 통신의 자유 / 76 
 
제3절 정신생활영역의 자유 ···························································79 
┃제1항┃ 양심의 자유 / 79 
Ⅰ. 의의 / 79  
Ⅱ. 내용 / 79 
┃제2항┃ 종교의 자유 / 82 
Ⅰ. 의 의 / 82  
Ⅱ. 내용 / 82 
Ⅲ. 국교부인과 정교분리의 원칙 / 83 
┃제3항┃ 언론·출판의 자유 / 85 
Ⅰ. 의 의 / 85  
Ⅱ. 보호영역 / 85 
Ⅲ. 제 한 / 86  
Ⅳ. 사전검열금지 (허가제 금지) / 89 
Ⅴ. 알 권리 / 90 Ⅵ. 액세스권(right of access) / 91 
┃제4항┃ 집회·결사의 자유 / 92 
Ⅰ. 집회의 자유 / 92  
Ⅱ. 결사의 자유 / 97 
┃제5항┃ 학문과 예술의 자유 / 98 
Ⅰ. 학문의 자유 / 98 
Ⅱ. 예술의 자유 / 99 
Ⅲ. 지적 재산권의 보호 / 99 
 
제4절 경제생활영역의 자유 ························································100 
┃제1항┃ 재산권 / 100 
Ⅰ. 의의 및 재산권의 보호범위 / 100  
Ⅱ. 재산권의 사회적 제약과 공용침해 / 103 
Ⅲ. 판례 / 104 Ⅳ. 특별부담금 / 108 
┃제2항┃ 직업의 자유 / 111 
Ⅰ. 의 의 / 111 Ⅱ. 내 용 / 112 
Ⅲ. 제한 및 한계 / 112 
┃제3항┃ 소비자의 권리 / 118 
 
제5장 정치적 기본권 
 
제1절 참정권 ·········································································119 
 
제2절 직접참정권 ····································································120 
 
제3절 간접참정권 ····································································121 
 
제6장 청구권적 기본권 
 
제1절 청구권적 기본권 일반이론 ··········································125 
 
제2절 청원권 ·····································································125 
Ⅰ. 의의 및 내용 / 125  
Ⅱ. 관련 규정 / 126 
 
제3절 재판청구권 ································································128 
Ⅰ. 의 의 / 128  
Ⅱ. 법적 성격 / 128 
Ⅲ. 내 용 / 128  
Ⅳ. 재판청구권의 제한 / 131 
Ⅴ. 형사피해자의 재판절차진술권 / 134 
 
제4절 국가배상청구권 ··························································136 
Ⅰ. 의 의 / 136 
Ⅱ. 공무원의 직무상 불법행위로 인한 국가배상청구권의 요건 / 137 
Ⅲ. 국가배상청구의 절차 / 138 
Ⅳ. 이중배상금지 (헌법 제29조 제2항) / 138 
 
제5절 형사보상청구권 ······················································140 
Ⅰ. 의의 및 내용 / 140  
Ⅱ. 규정 / 140 
 
제6절 범죄피해자구조청구권 ················································142 
 
제7장 사회적 기본권 
 
제1절 사회적 기본권의 일반론 ··············································145 
 
제2절 인간다운 생활을 할 권리 ·············································145 
Ⅰ. 의 의 / 146  
Ⅱ. 사회보장수급권(사회보장권)의 내용 / 146 
 
제3절 교육을 받을 권리 ························································148 
Ⅰ. 의 의 / 148  
Ⅱ. 교육을 받을 권리의 내용 / 149 
Ⅲ. 대학의 자치(대학의 자율성, 대학의 자유) / 153 
 
제4절 근로의 권리 ·····························································154 
Ⅰ. 의 의 / 155  
Ⅱ. 성 격 / 155 
Ⅲ. 주 체 / 155  
Ⅳ. 내 용 / 155 
 
제5절 근로3권 ···································································157 
Ⅰ. 의의, 성격 / 157  
Ⅱ. 주 체 / 158 
Ⅲ. 근로3권의 내용 / 158  
Ⅳ. 근로3권의 제한 및 한계 / 160 
 
제6절 환경권 ····································································162 
 
제7절 혼인과 가족생활의 보장 ···········································164 
Ⅰ. 의 의 / 164 
Ⅱ. 자녀에 대한 양육권 (부모의 자녀교육권) / 164 
 
제8절 모성의 보호 ····························································167 
 
제9절 보건권 ····································································168 
 
제8장 국민의 기본적 의무 
 
 
제2편 헌법총론 
 
제1장 헌법과 헌법학 
 
제1절 헌법일반 ·································································172 
 
제2절 헌법의 해석 ····························································173 
Ⅰ. 헌법의 해석 / 173  
Ⅱ. 합헌적 법률해석 / 174 
 
제3절 헌법의 제정 ·······················································175 
 
제4절 헌법의 개정 ·······················································175 
Ⅰ. 의 의 / 175  
Ⅱ. 한 계 / 175 
Ⅲ. 한국헌법의 개정절차 / 176 
 
제5절 헌법의 변천 ·······················································177 
 
제6절 헌법의 수호 ·······················································177 
Ⅰ. 의의 / 177  
Ⅱ. 저항권 / 177 
Ⅲ. 방어적 민주주의 / 178  
Ⅳ. 국가긴급권 / 178 
 
제2장 대한민국 헌법총설 
 
제1절 대한민국 헌정사 ··················································182 
 
제2절 대한민국의 국가형태 ············································189 
 
제3절 대한민국의 구성요소 ············································189 
Ⅰ. 주 권 / 189  
Ⅱ. 국 민 / 189 
Ⅲ. 영 역 / 194 
 
제4절 한국헌법의 기본원리 ·············································196 
┃제1항┃ 헌법전문 / 196 
┃제2항┃ 국민주권 원리 / 197 
┃제3항┃ 민주주의 원리 / 198 
┃제4항┃ 법치국가 원리 / 198 
Ⅰ. 법치국가 원리의 의의 / 198  
Ⅱ. 체계정당성의 원리 / 198 
Ⅲ. 소급입법금지와 신뢰보호원칙 / 199 
┃제5항┃ 사회국가원리 / 203 
Ⅰ. 사회국가의 의의 / 203  
Ⅱ. 사회국가원리의 한계 / 203 
Ⅲ. 헌법상 경제질서 / 204 
┃제6항┃ 문화국가원리 / 206 
┃제7항┃ 국제평화주의 / 207 
Ⅰ. 침략전쟁의 부인 / 207  
Ⅱ. 평화통일의 지향 / 207 
Ⅲ. 외국인의 법적지위 보장 / 208  
Ⅳ. 국제법존중주의 / 208 
 
제5절 한국헌법의 기본제도 ·············································211 
┃제1항┃ 정당제도 / 211 
Ⅰ. 정당의 성질 / 211  
Ⅱ. 정당의 자유 / 211 
Ⅲ. 정당 관련 주요 규정 및 판례 / 212  
Ⅳ. 위헌정당의 해산(강제해산) / 214 
Ⅴ. 정당과 정치자금 / 217 
┃제2항┃ 선거제도 / 219 
Ⅰ. 선거권 / 219  
Ⅱ. 피선거권 / 221 
Ⅲ. 선거제도의 기본원칙 / 221  
Ⅳ. 현행 선거제도 / 224 
┃제3항┃ 공무원제도 / 232 
Ⅰ. 국민 전체에 대한 봉사자로서의 공무원 / 232 
Ⅱ. 직업공무원제도 / 232 
┃제4항┃ 지방자치제도 / 234 
Ⅰ. 지방자치제도 개설 / 235 
Ⅱ. 현행 헌법상 지방자치제도 / 237