Regime Transition and the Judicial Politics of Enmity

Regime Transition and the Judicial Politics of Enmity

Democratic Inclusion and Exclusion in South Korean Constitutional Justice

Guichard, Justine

Palgrave Macmillan






15 a 20 dias

80,92 €

The issue of defining and redefining enmity has been at the heart of constitutional justice since South Korea's change of regime. This book explores how the Constitutional Court of Korea has addressed this challenge, carving the contours of who is included in or excluded from the body politic throughout its jurisprudence.
Prologue 1. Interrogating Constitutional Justice: Contingency and Ambivalence of the South Korean Court's Role as Guardian of the Constitution 2. Transitioning by Amendment: The 1987 Revision of Constitutional Norms and Institutions 3. Post-Authoritarian Contentious Politics: Constitutional Empowerment from Below 4. Reviewing how the Enemy is Defined: From the Security of the State to the 'Basic Order of Free Democracy' 5. Reviewing the Contours of the National Community: The Body Politic Beyond and Below the 38th Parallel 6. Reviewing how the Enemy is Treated: Criminal Rights even for National Security Offenders 7. Reviewing the Exigencies of National Defense: Citizens' War-Related Rights and Duties Epilogue
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