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Liberal neutrality and agonistic politics : The judicial review of the Korean constitutional court reconsidered

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  • Liberal neutrality and agonistic politics
  • Hong, Seung-Hun; Kwak, Jun-Hyeok
  • Korean Political Science Association


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Title Liberal neutrality and agonistic politics
Similar Titles
Sub Title

The judicial review of the Korean constitutional court reconsidered

Material Type Articles
Author(English)

Hong, Seung-Hun; Kwak, Jun-Hyeok

Publisher

[Seoul, South Korea]:Korean Political Science Association

Date 2010
Journal Title; Vol./Issue Korean Political Science Review:vol. 44(no. 5)
Pages 22
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Internal Conflict
Government and Law < Laws and Legislation
Holding SSRN

Abstract

This paper aims to shed light on the “myth” of the neutrality of judicial review, that is, the view that the authority of the Constitutional Court to declare laws unconstitutional is of a neutral character. By investigating the Korean Constitutional Court’s decisions on hard cases, we endeavor to question the alleged neutrality of the Court’s judicial decisions and the consequence of this neutral posture. First, we critically review the contemporary liberal arguments about the idea of neutrality, with a focus on Ronald Dworkin’s conception. Second, we analyze the judicial decisions on the visually disabled persons’ monopoly of the massage profession and the media bills and investigate whether the Court remained neutral in these rules. We conclude that the “neutral” Court did not provide plausible resolutions for agonistic social conflicts and that it may fail to address social grievances in the political process. (The rest omitted)