The Constitution of South Korea : A Contextual Analysis / Chaihark Hahm.

Format:

Book

Author/Creator:

Hahm, Chaihark, author.

Series:

Constitutional Systems of the World

Constitutional Systems of the World.

Language:

English

Subjects (All):

Constitutional law--Korea (South).

Constitutional law.

Constitutional history--Korea (South).

Constitutional history.

Korea (South)--Politics and government.

Korea (South).

Physical Description:

1 online resource (289 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2024

Place of Publication:

London [England] : Hart Publishing, 2021

System Details:

Mode of access: World Wide Web.

Summary:

"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 is proving to be a binding law that matters for not only the government leaders but also private individuals. With the adoption, especially, of a system that allowed for the adjudication of constitutional issues at an independent court, the people are realizing that the constitution can actually 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 so many cases filed at its docket. This means that the constitutional system of South Korea is very much a work-in-progress, whose shape and contours are still being hammered out. The primary goal of this volume will be to flesh out, and make intelligible to foreign readers, that process within the specific political and historical context of modern South Korea."-- Provided by publisher.

Contents:

Intro

Acknowledgements

Contents

Table of Abbreviations

Table of Cases

Table of Legislation

Introduction

1. The Road to a Democratic Republic

I. The Dynastic Legal and Political Heritage

II. Advent of Modern Constitutionalism and Colonial Rule

III. From Liberation to Constitutional Founding

IV. Making of the Founding Constitution

V. Conclusion

Further Reading

2. History of Constitutional Revisions

I. Revisions under Syngman Rhee

II. Revisions of 1960: The 'Second Republic'

III. Revisions under Park Chung-hee

IV. Revision of 1980: The 'Fifth Republic'

V. Revision of 1987: Transition to Democracy

VI. Conclusion

3. The 1987 Constitution and its Basic Features

I. A Democratic Republic

II. Government under Law

III. Welfare State and the Economic Order

IV. The North Korean Question

4. President and the Government

I. Imperial Presidency and its Discontents

II. The Administration

III. Holding Executive Power Accountable

IV. Conclusion

5. National Assembly and its Powers

I. Composition of the National Assembly

II. Weak Party System and Strong Party Discipline

III. Organisation of the National Assembly

IV. The Legislative Process

V. Oversight Functions of the National Assembly

6. Courts in the Age of Democracy

I. Organisation of the Judiciary

II. Powers of the Judiciary

III. Judicial Independence

IV. Politics of Judicial Reform

7. Constitutional Court: Guardian of the Constitution?

I. From Uncertain Beginnings to Judicialisation of Politics

II. Organisation of the Court

III. Procedural Rules for Adjudication

IV. Review of Statutes' Constitutionality.

V. Adjudication of Constitutional Complaints

VI. Impeachment Proceedings

VII. Dissolution of Unconstitutional Political Parties

VIII. Adjudication of Competence Disputes

IX. Conclusion

8. Expansion of Constitutional Rights

I. Rights During Dynastic and Colonial Periods

II. Anti-communism and Rights Discourse

III. Human Dignity and Unenumerated Rights

IV. Restraining Basic Rights

V. Rights in a Diverse Society

VI. International Context of Rights Protection

VII. Conclusion

9. A Constitution between Past and Future

I. Transitional Justice and Constitutional Continuity

II. Constitutional Significance of the Confucian Tradition

III. Constitutional Status of the Korean Diaspora

Conclusion

I. The Persistence of Hybridity

II. Democracy and the Rule of Law

III. Many Faces of Nationalism

Index.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781509919215

150991921X

9781509919208

1509919201

9781509919192

1509919198

OCLC:

1428259171