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Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.
Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.
Discusses the judicial role in constitutional authoritarianism in the context of Korea's political and constitutional transitions.
This book explores Aristotle's theory of stasis, a word usually translated to mean "revolution," "civic disorder," or "sedition." It examines Aristotle's writings on stasis, especially Book 5 of the Politics, within the tradition established by ancient Greek poets, medical writers, philosophers, and orators, who held that the root sense of stasis was in fact nosos, or "disease." Aristotle's theory of the causes of stasis is presented in a cohesive manner, as factors that can account for political disease within the entire range of diverse constitutions. Aristotle is shown to have proceeded from the standpoint that the polis had to be cast in a mode of political friendship, what the Greeks called homonoia or "political friendship", and that when other standards for friendship such as wealth or liberty are practiced to an extreme, then the function of the polis may be "arrested." The telic functions of the polis are replaced by disordered "movements" whose paralyzing effect—as evidenced by transformations in values and language, and the pursuit of private-interest ends—is typical of a dysfunctional condition that often ends in senseless violence and civil war.
The constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea. The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of 'constitution without constitutionalism'. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.
The Routledge Handbook of Contemporary South Korea offers a ground-breaking study of the socio-political development of the Korean peninsula in the contemporary period. Written by an international team of scholars and experts, contributions to this book address key intellectual questions in the development of Korean studies, projecting new ways of thinking about how international systems can be organised and how local societies adapt to global challenges. Academically rigorous, each chapter defines current research and lends the reader greater understanding of the social, cultural, economic, and political developments of South Korea, ranging from chapters on the Korean Wave to relations with North Korea and the Korean language overseas. The volume is divided into eight sections, each representing a focused area of inquiry: socio-political history contemporary politics political economy and development society culture international relations security and diplomacy South Korea in international education This handbook provides an interdisciplinary and comprehensive account of contemporary South Korea. It will be of great interest to students and scholars of Korean history, politics and international relations, culture and society, and will also appeal to policy makers interested in the Indo-Asia Pacific region.
An analysis of rights-based activism in South Korea, including case studies of women, workers, disabled persons, migrants, and sexual minorities.
From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.
This is the first book on Korean legal history in English written by a group of leading scholars from around the world. The chapters set forth the developments of Korean law from the Chosŏn to colonial and modern periods through the examination of codified laws, legal theories and practices, and jurisprudence. The contributors’ shared premise is that the evolution of Korean law can be best understood when viewed in terms of its interactions with outside laws. Each chapter integrates literature in Korean, Japanese, Chinese, and Western languages into comprehensive analyses to make up-to-date research available to readers both inside and outside Korea. This volume provides a solid framework from which to approach Korean legal history in the perspective of comparative legal traditions.