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Record Nr. |
UNINA9910733714903321 |
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Autore |
Guichard Justine |
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Titolo |
Regime Transition and the Judicial Politics of Enmity : Democratic Inclusion and Exclusion in South Korean Constitutional Justice / / by Justine Guichard |
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Pubbl/distr/stampa |
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New York : , : Palgrave Macmillan US : , : Imprint : Palgrave Macmillan, , 2016 |
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ISBN |
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Edizione |
[1st ed. 2016.] |
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Descrizione fisica |
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1 online resource (XVIII, 248 p.) |
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Collana |
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The Sciences Po Series in International Relations and Political Economy, , 2945-6088 |
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Disciplina |
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Soggetti |
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Political science |
Law - Philosophy |
Law - History |
Asia - Politics and government |
World politics |
Constitutional law |
Political Science |
Theories of Law, Philosophy of Law, Legal History |
Asian Politics |
Political History |
Constitutional Law |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Bibliographic Level Mode of Issuance: Monograph |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Sommario/riassunto |
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Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an |
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innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the nameof national security. |
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