Back to results
Cover image for book 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
By:Justine Guichard
Publisher:Springer Nature
Print ISBN:9781137575074
eText ISBN:9781137531575
Edition:0
Copyright:2016
Format:Page Fidelity

eBook Features

Instant Access

Purchase and read your book immediately

Read Offline

Access your eTextbook anytime and anywhere

Study Tools

Built-in study tools like highlights and more

Read Aloud

Listen and follow along as Bookshelf reads to you

Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.