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Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 1108474896
Category : Law
Languages : en
Pages : 363
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Book Description
Discusses the judicial role in constitutional authoritarianism in the context of Korea's political and constitutional transitions.
Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 1108474896
Category : Law
Languages : en
Pages : 363
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Book Description
Discusses the judicial role in constitutional authoritarianism in the context of Korea's political and constitutional transitions.
Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 9781108465571
Category : Law
Languages : en
Pages : 361
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Book Description
This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.
Author: Cheng-Yi Huang
Publisher: Taylor & Francis
ISBN: 042999883X
Category : Law
Languages : en
Pages : 263
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Book Description
This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
Author: Chaihark Hahm
Publisher: Bloomsbury Publishing
ISBN: 1509919198
Category : Law
Languages : en
Pages : 249
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Book Description
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.
Author: Chae-hak Ham
Publisher: Cambridge University Press
ISBN: 110701882X
Category : Law
Languages : en
Pages : 329
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Book Description
This book examines Japan and Korea's post-World War II constitutional history to challenge enduring assumptions about the nature of constitution-making.
Author: Diana Kapiszewski
Publisher: Cambridge University Press
ISBN: 1107026539
Category : Law
Languages : en
Pages : 453
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Book Description
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Author: Helge Dedek
Publisher: Cambridge University Press
ISBN: 1108841724
Category : Law
Languages : en
Pages : 325
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Book Description
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Author: Zeynep Yanasmayan
Publisher: Cambridge University Press
ISBN: 1108497624
Category : Law
Languages : en
Pages : 427
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Book Description
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
Author: Hieyoon Kim
Publisher: Univ of California Press
ISBN: 0520417364
Category : Art
Languages : en
Pages : 182
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Book Description
A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. Celluloid Democracy tells the story of the Korean filmmakers, distributors, and exhibitors who reshaped cinema in radically empowering ways through the decades of authoritarian rule that followed Korea's liberation from Japanese occupation. Employing tactics that ranged from representing the dispossessed on the screen to redistributing state-controlled resources through bootlegging, these film workers explored ideas and practices that simultaneously challenged repressive rule and pushed the limits of the cinematic medium. Drawing on archival research, film analysis, and interviews, Hieyoon Kim examines how their work foregrounds a utopian vision of democracy where the ruled represent themselves and access resources free from state suppression. The first book to offer a history of film activism in post-1945 South Korea, Celluloid Democracy shows how Korean film workers during the Cold War reclaimed cinema as an ecology in which democratic discourses and practices could flourish.
Author: Amrei Müller
Publisher: Cambridge University Press
ISBN: 1107173582
Category : Law
Languages : en
Pages : 641
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Book Description
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
