Book contents
- Constitutional Transition and the Travail of Judges
- Constitutional Transition and the Travail of Judges
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface
- 1 Introduction
- 2 The Making of the Constitution and the Courts, 1945–1962
- 3 Jurisprudential Evolution, 1962–1972
- 4 The Yusin Era, 1972–1980 (1): The Laws
- 5 The Yusin Era, 1972–1980 (2): The Courts
- 6 The Yusin Era, 1972–1980 (3): The Judges
- 7 Political Transitions and Rule of Law, 1980–1987
- 8 Democracy and Travails of Judges, 1987 to the Present
- 9 Conclusion
- Bibliography
- Index
4 - The Yusin Era, 1972–1980 (1): The Laws
Published online by Cambridge University Press: 23 July 2019
- Constitutional Transition and the Travail of Judges
- Constitutional Transition and the Travail of Judges
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface
- 1 Introduction
- 2 The Making of the Constitution and the Courts, 1945–1962
- 3 Jurisprudential Evolution, 1962–1972
- 4 The Yusin Era, 1972–1980 (1): The Laws
- 5 The Yusin Era, 1972–1980 (2): The Courts
- 6 The Yusin Era, 1972–1980 (3): The Judges
- 7 Political Transitions and Rule of Law, 1980–1987
- 8 Democracy and Travails of Judges, 1987 to the Present
- 9 Conclusion
- Bibliography
- Index
Summary
This chapter examines the constitutional and legal changes brought on by the promulgation of the 1972 Constitution, commonly known as the Yusin Constitution. The new Constitution upended Korea’s political order by practically dismantling checks and balances. The president held complete control over state affairs, and the judiciary lost the power to review legislative enactment. Under the resulting constitutional authoritarianism, the Constitution served as a practical working principle of government power monopolized by the regime. Article 53 of the Constitution granted the president power to issue emergency measures, and between 1974 and 1979 President Park imposed a total of nine such decrees.These executive orders, constitutionally excluded from judicial review, served as the main instrument for the government in suppressing political opposition and sidelining the judiciary.
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- Constitutional Transition and the Travail of JudgesThe Courts of South Korea, pp. 108 - 158Publisher: Cambridge University PressPrint publication year: 2019