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Acknowledgements
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
Further Reading
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
V. Conclusion
Further Reading
4. President and the Government
I. Imperial Presidency and its Discontents
II. The Administration
III. Holding Executive Power Accountable
IV. Conclusion
Further Reading
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
VI. Conclusion
Further Reading
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
V. Conclusion
Further Reading
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
Further Reading
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
Further Reading
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
IV. Conclusion
Further Reading
Conclusion
I. The Persistence of Hybridity
II. Democracy and the Rule of Law
III. Many Faces of Nationalism
IV. Conclusion
Index

이용현황보기

The constitution of South Korea : a contextual analysis 이용현황 표 - 등록번호, 청구기호, 권별정보, 자료실, 이용여부로 구성 되어있습니다.
등록번호 청구기호 권별정보 자료실 이용여부
0003128164 LM 342.5102 -A24-1 서울관 법률정보센터(206호) 이용중

출판사 책소개

알라딘제공
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 fa?ade, 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.

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