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By Justine Guichard

Among the societies that skilled a political transition clear of authoritarianism within the Eighties, South Korea is really a paragon of 'successful democratization.' This fulfillment is taken into account to be in detail tied to a brand new establishment brought with the 1987 swap of regime, meant to defend basic norms and rights: the Constitutional court docket of Korea. whereas constitutional justice is essentially celebrated for having accomplished either reasons, this publication proposes an cutting edge and important account of the court's position. counting on an interpretive research of jurisprudence, it uncovers the ambivalence with which the courtroom has intervened within the significant dispute opposing the nation and elements of civil society after the transition: (re)defining enmity. in line with this problem, constitutional justice has produced either liberal and intolerant results, selling the guideline of legislations and easy rights whereas reinforcing the mechanisms of exclusion bounding South Korean democracy within the identify of nationwide security.

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Additional resources for Regime Transition and the Judicial Politics of Enmity: Democratic Inclusion and Exclusion in South Korean Constitutional Justice

Sample text

Both this elite bargain and the compromises it produced are recorded in the text of the amended constitution in general, and in the making of the constitutional court in particular. Yet, the way in which the court was fashioned did not predetermine what it would become, leading the analysis to highlight the contingency of institutional design. ”1 On June 29, 1987, this dramatic acknowledgment was pronounced in a nationally televised address by an unlikely voice for political reform, Roh Tae-woo, one of the pillars of the 24 Regime Transition and the Judicial Politics of Enmity military regime and President Chun Doo-hwan’s handpicked successor.

By the end of August 1987, the opposition consented to many concessions, including more important ones than the reform of constitutional justice, which did not appear at the forefront of the negotiations that lasted less than a month. ”33 Those “ninety percent” did not only concern the directness of the presidential elections but also the length and renewability of the presidential term. The present version of the constitution states that the president, elected for five years, shall not be reelected as prescribed by article 70.

This institutional-discursive element is itself an incomplete part or fragment of the larger and contentious text, context, and subtext in which the court’s intervention is inscribed: the asymmetrical conf lict between the state and diverse parts of civil society over the boundaries of political inclusion and exclusion in South Korean democracy. To better grasp how this multilayered textuality comes into play for each of the issues brought before the constitutional court, the research’s in-depth reading of jurisprudence is supported by the use of secondary sources, newspaper articles, human rights reports, and the court’s own publications.

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