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Constitutional Transition and the Travail of Judges - The Courts of South Korea (Hardcover)
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Constitutional Transition and the Travail of Judges - The Courts of South Korea (Hardcover)
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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.
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