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The Sciences Po Series in International Relations and Political Economy

Regime Transition and the Judicial Politics of Enmity

Democratic Inclusion and Exclusion in South Korean Constitutional Justice

Authors: Guichard, Justine

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About this book

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.

About the authors

Justine Guichard is Research Associate at Sciences Po's Center for International Relations (CERI), France. She holds a PhD in political science from Sciences Po, France, and Columbia University, USA.

Table of contents (8 chapters)

  • Interrogating Constitutional Justice: Contingency and Ambivalence of the South Korean Court’s Role as Guardian of the Constitution

    Guichard, Justine

    Pages 1-22

  • Transitioning by Amendment: The 1987 Revision of Constitutional Norms and Institutions

    Guichard, Justine

    Pages 23-46

  • Post-Authoritarian Contentious Politics: Constitutional Empowerment from Below

    Guichard, Justine

    Pages 47-68

  • Reviewing How the Enemy is Defined: From the Security of the State to the “Basic Order of Free Democracy”

    Guichard, Justine

    Pages 69-93

  • Reviewing the Contours of the National Community: The Body Politic Beyond and Below the 38th Parallel

    Guichard, Justine

    Pages 95-117

Buy this book

eBook n/a
  • ISBN 978-1-137-53157-5
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
Hardcover n/a
  • ISBN 978-1-137-57507-4
  • Free shipping for individuals worldwide
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Bibliographic Information

Bibliographic Information
Book Title
Regime Transition and the Judicial Politics of Enmity
Book Subtitle
Democratic Inclusion and Exclusion in South Korean Constitutional Justice
Authors
Series Title
The Sciences Po Series in International Relations and Political Economy
Copyright
2016
Publisher
Palgrave Macmillan US
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-1-137-53157-5
DOI
10.1057/9781137531575
Hardcover ISBN
978-1-137-57507-4
Edition Number
1
Number of Pages
XVIII, 248
Topics