Constitutional transition and the travail of judges : the courts of South Korea / Marie Seong-Hak Kim.

Format:

Book

Author/Creator:

Kim, Marie Seong-Hak, author.

Language:

English

Subjects (All):

Courts--Korea (South)--History.

Courts.

Judges--Korea (South)--History.

Judges.

Constitutional history--Korea (South).

Constitutional history.

History.

Korea (South).

Physical Description:

1 online resource (xi, 349 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2019.

System Details:

text file

PDF

Summary:

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.

Notes:

Title from publisher's bibliographic system (viewed on 24 Jul 2019).

Other Format:

Print version:

ISBN:

9781108633543

Access Restriction:

Restricted for use by site license.