Constitutional Transition and the Travail of Judges(English, Hardcover, Kim Marie Seong-Hak)

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Constitutional Transition and the Travail of Judges(English, Hardcover, Kim Marie Seong-Hak) is written by Kim Marie Seong-Hak and published by Cambridge University Press. It's available with International Standard Book Number or ISBN identification 1108474896 (ISBN 10) and 9781108474894 (ISBN 13).

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.