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Constitutional Transitions and the Travail of Judges: The Courts in South Korea from 1945 to the Present

Constitutional Transitions and the Travail of Judges: The Courts in South Korea from 1945 to the Present

Name: Constitutional Transitions and the Travail of Judges: The Courts in South Korea from 1945 to the Present
Brand: Cambridge University Press
SKU: 9781108474894
Price: 1525.81 HKD
Availability: InStock
Author: Marie Seong-Hak Kim
ISBN: 9781108474894

By Marie Seong-Hak Kim

Cambridge University Press June 2019

Specifications

ISBN-13: 9781108474894
Publisher: Cambridge University Press
Publication: June 2019
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions.

The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s.

Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.

Introduction

1. The Making of the Constitution and the Courts, 1945–1962

2. Jurisprudential Evolution, 1962–1972

3. The Yusin Era, 1972–1980 (1): The Laws

4. The Yusin Era, 1972–1980 (2): The Courts

5. The Yusin Era, 1972–1980 (3): The Judges

6. Political Transitions and Rule of Law, 1980–1987

7. Democracy and Travails of Judges, 1987 to the Present

Conclusion.

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