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Beyond “law vs. politics” in constitutional adjudication : Lessons from South Korea

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  • Beyond “law vs. politics” in constitutional adjudication
  • Hahm, Chaihark
  • Oxford University Press


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Title Beyond “law vs. politics” in constitutional adjudication
Similar Titles
Sub Title

Lessons from South Korea

Material Type Reports
Author(English)

Hahm, Chaihark

Publisher

[Oxford]:Oxford University Press

Date 2012
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Political Systems
Government and Law < Laws and Legislation
Holding Oxford University Press

Abstract

Taking its cue from Michel Rosenfeld’s formulation of a paradox arising from comparison of American and European constitutional adjudication systems, this article seeks to situate the development of constitutional adjudication in Korea within a global context. The growing influence of Korea’s Constitutional Court has attracted the charge that it is acting too politically, as well as judicializing politics. One symptom of this was the recent political row over the appointment of the Court’s president. The Korean debate thus has much in common with the global discussions on judicialization and politicization triggered by the recent trend toward “court-centered” constitutionalism—a phenomenon with which our vocabulary and framework for discussing constitutionalism have yet to catch up. (The rest omitted)