Detailed Information

Cited 0 time in webofscience Cited 0 time in scopus
Metadata Downloads

大韓民國憲法(1948)의 “民主主義 諸 制度 樹立” -그 역사적 연속성의 복원을 위하여-“Establishing democratic institutions” of the First Korean Constitution(1948) : To Restore its Historical Continuity

Authors
신우철
Issue Date
2009
Publisher
중앙법학회
Keywords
constitution-making; Korean Constitution of 1948; Korean Provisional Government; strongly“parliamentarized” presidentialism; “duumviri” structure of the executive; 제헌; 1948년 대한민국헌법; 대한민국임시정부; 의회우위적 대통령제; 행정부의 이원성
Citation
중앙법학, v.11, no.1, pp 7 - 50
Pages
44
Journal Title
중앙법학
Volume
11
Number
1
Start Page
7
End Page
50
URI
https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/32495
DOI
10.21759/caulaw.2009.11.1.7
ISSN
1598-558X
Abstract
No one can deny the fact that the year 1948, in which the first “formal” Korean Constitution was made and thereupon the first legitimate democratic go- vernment was established, is a crucial point in the development of Korean con- stitutionalism. But I, as a constitutional historian, have strong doubts about the self-completeness of the 42-day long constitution-making process in the Summer of 1948. To restore the historical continuity of our century-long constitutional journey, I trace the “ur-constitutional” documents in the late 19th century and examine the “pre-constitutional” documents in the first half of the 20th century, and draw some conclusions. First, the original intent of the immovable “Article I” in the constitutional text was to achieve our sovereign independence in the “international” context rather than to found a democratic republic in the “national” context. Second, the mixed system of parliamentarism and presidentialism in the 1948 Constitution can go back to the experiences in the “independence move- ment” period, the former was to “unite” and the latter was to “lead.” Third, the complex “duumviri” structure of the executive in the 1948 Constitution, which demanded the President’s cooperation with the Vice President, the Prime Minister, and the State Council, also originated from the constitutional tradition during the Provisional Government, and had been originally designed to promote both “parti- cipation” and “checks and balances.”
Files in This Item
There are no files associated with this item.
Appears in
Collections
Law School > Law > 1. Journal Articles

qrcode

Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.

Related Researcher

Researcher Shin, Woo Cheol photo

Shin, Woo Cheol
법학전문대학원 (법학과)
Read more

Altmetrics

Total Views & Downloads

BROWSE