총 141페이지

　3. 지방자치단체의 경제활동의 요건과 한계·········································· 48
Ⅱ. 지방자치단체를 당사자로 하는 계약의 관념과 법원························· 49
　1. 지방계약의 의의··················································································
49
　2. 지방계약법의 내용··············································································
50
Ⅲ. 지방계약 관련 조례의 적법성 기준·····················································
51
　1. 지방계약사무(content)가 자치사무일 것············································ 52
　2. 법률유보의 원칙··················································································
54
　3. 법률우위의 원칙··················································································
58
4. 상위법에 근거 없는 계약 제한 사항 추가의 문제··························· 72
제5장 국가입법과 자치입법의 갈등해소를 위한 이론적 검토········ 79
Ⅰ. 문제의 제기···························································································
79
Ⅱ. 자치입법과 국가입법의 관계·······························································
82
　1. 검토의 필요성·····················································································
82
　2. 자치입법의 의의··················································································
83
Ⅲ. 외국 사례의 검토··················································································
87
　1. 연방국가······························································································
88
　2. 단일(단방)국가·····················································································
93
Ⅳ. 국가입법과 자치입법의 갈등······························································
100
　1. 지방자치의 보장과 두 입법 간 갈등···············································
101
　2. 자치입법이 국가입법과 충돌되는 구체적 유형······························· 105
제6장 결론 : 국가입법과 자치입법 간 갈등해소를 위한 관계 법령 개
정방향·······························································································
115
1. 국가입법과 자치입법 간 갈등해소를 위한 논의의 전제················ 115
　2. 자치입법권 강화를 위한 헌법 개정안 검토···································· 116
　3. 해석론의 한계 문제··········································································
118
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