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Regime Transition and the Judicial Politics of Enmity

Part of the The Sciences Po Series in International Relations and Political Economy Book Series

DOI: 10.1057/9781137531575

ISBN: 978-1-349-72045-3

Publisher: Palgrave Macmillan US - Springer Journals

Dec 29, 2015

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Chapter 1Interrogating Constitutional Justice: Contingency and Ambivalence of the South Korean Court’s Role as Guardian of the Constitution

Guichard, Justine

Pages: 1 –22

[Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is usually described as a paragon of “successful democratization.” This achievement is considered to be intimately tied to a new institution introduced with the 1987 revision of the...
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Chapter 2Transitioning by Amendment: The 1987 Revision of Constitutional Norms and Institutions

Guichard, Justine

Pages: 23 –46

[On the eve of summer 1987, hundreds of thousands of South Koreans gathered throughout the country’s streets to oppose the continuation of the Chun Doo-hwan regime, setting in motion the process of transitioning to democracy, which the incumbent leadership yielded to by announcing reforms. This...
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Chapter 3Post-Authoritarian Contentious Politics: Constitutional Empowerment from Below

Guichard, Justine

Pages: 47 –68

[If the activation of judicial review did not result from political elites’ strategic design at the time of the 1987 transition, the conditions that led to the Constitutional Court of Korea’s empowerment deserve to be questioned. This chapter argues that constitutional justice was mainly invested...
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Chapter 4Reviewing How the Enemy is Defined: From the Security of the State to the “Basic Order of Free Democracy”

Guichard, Justine

Pages: 69 –93

[The description of positive law as a “hierarchy of norms” in which a “basic” one (grundnorm, or constitution in common parlance) enjoys preeminence has imposed itself in legal theory since Hans Kelsen proposed it in the 1930s.1 In South Korea, the argument that “the higher normative law that...
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Chapter 5Reviewing the Contours of the National Community: The Body Politic Beyond and Below the 38th Parallel

Guichard, Justine

Pages: 95 –117

[Whom a state designates as its adversaries and how it confronts them are the most salient parts of the politics of enmity. Yet, the defense of society is as much geared toward opposing a “them” as protecting a sense of “us.”1 The contours of the national body can appear through the looking glass...
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Chapter 6Reviewing How the Enemy is Treated: Criminal Rights Even for National Security Offenders

Guichard, Justine

Pages: 119 –141

[This chapter ventures into a variety of sites where the state’s power to punish operates locally and concretely: in interrogation rooms, police stations, and detention centers. These are the sites where essential aspects of the politics of enmity are effected through the encounter of two unequal...
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Chapter 7Reviewing the Exigencies of National Defense: Citizens’ War-Related Rights and Duties

Guichard, Justine

Pages: 143 –166

[Some constitutions’ pacifist vocation is reinforced by an express renouncement to maintaining a standing army, like in Japan’s 1947 text or Costa Rica’s 1949 document.1 By contrast, South Korea’s principled commitment to preserving peace does not obstruct its constitutional readiness for war....
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Chapter 8Epilogue

Guichard, Justine

Pages: 167 –171

[Since the transition to democracy that South Korea experienced in 1987, constitutional justice has been prominently involved in the struggle opposing the state and parts of civil society over defining the boundaries of enmity. The various legal instruments delineating them by enforcing what...

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