Regime Transition and the Judicial Politics of Enmity PDF Download
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Author: Justine Guichard
Publisher: Springer
ISBN: 1137531576
Category : Political Science
Languages : en
Pages : 263
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Book Description
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.
Author: Justine Guichard
Publisher: Springer
ISBN: 1137531576
Category : Political Science
Languages : en
Pages : 263
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Book Description
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.
Author: Justine Guichard
Publisher:
ISBN: 9781349720453
Category :
Languages : en
Pages :
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Book Description
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: Chaihark Hahm
Publisher: Bloomsbury Publishing
ISBN: 1509919201
Category : Law
Languages : en
Pages : 289
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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: Sojin Lim
Publisher: Routledge
ISBN: 1000422283
Category : Social Science
Languages : en
Pages : 467
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Book Description
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.
Author: Marie Kim
Publisher: BRILL
ISBN: 9004306013
Category : Law
Languages : en
Pages : 282
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Book Description
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.
Author: Celeste L. Arrington
Publisher: Cambridge University Press
ISBN: 1108841333
Category : Law
Languages : en
Pages : 361
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Book Description
An analysis of rights-based activism in South Korea, including case studies of women, workers, disabled persons, migrants, and sexual minorities.
Author: Donald L. Horowitz
Publisher: Cambridge University Press
ISBN: 1107027276
Category : Law
Languages : en
Pages : 345
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Book Description
How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Author: Aristotle
Publisher: Penguin UK
ISBN: 0141913266
Category : Philosophy
Languages : en
Pages : 455
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Book Description
Twenty-three centuries after its compilation, 'The Politics' still has much to contribute to this central question of political science. Aristotle's thorough and carefully argued analysis is based on a study of over 150 city constitutions, covering a huge range of political issues in order to establish which types of constitution are best - both ideally and in particular circumstances - and how they may be maintained. Aristotle's opinions form an essential background to the thinking of philosophers such as Thomas Aquinas, Machiavelli and Jean Bodin and both his premises and arguments raise questions that are as relevant to modern society as they were to the ancient world.
Author: Michael Emerson
Publisher: CEPS
ISBN: 9290795921
Category : Democracy
Languages : en
Pages : 241
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Book Description
Approaches democratization of the European neighbourhood from two sides, first exploring developments in the states themselves and then examining what the European Union has been doing to promote the process.
