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dc.contributor.authorSanggyu Suh-
dc.description.abstractIn an era where democracies are the most common form of government in
the world, the question remains on how to successfully accommodate the issues
of society. While democracy encourages public participation in national politics,
many governments still struggle with how to cope with rising public participa tion, where a popular form of participation is through social movements. Often
times, governments resort to violence to stifle social movements, but this violent
clash does not need to be eternal. Perhaps there is a solution to this situation,
where the constitution and legal bodies that derive their influence and power from
the constitution can provide the platform for controlled and peaceful discourse
between the public and political elite on social issues. In South Korea, the pream ble of the constitution and the constitutional court have been powerful legal tools
that have allowed for peaceful discourse over social issues and have entrenched
the South Korean nation into utilizing peaceful forms of discourse to settle griev ances. This paper will explore the historical evolution and foundations of this
peaceful South Korean system and present lessons that could be adopted by other
democracies around the world to promote peaceful communication between the
public and political elite.
dc.titleViolence Does Not Need To Be the Answer - How South Korea Embraces Peaceful Methods of Discourse over Social Issues through the Constitution-
dc.identifier.bibliographicCitationVol. 11 Issue. 1 Page. 171-206, 2021-
dc.subject.keywordConflict management-
dc.subject.keywordConstitutional Court-
dc.subject.keywordSocial Movement-
dc.type.localKLRI Journal of Law and Legislation-
dc.description.statementOfResponsibilitySanggyu Suh-
dc.description.tableOfContentsⅠ. Introduction
Ⅱ. Constitutions are Critical in Democracies: How Preambles Can Define a Democ racy and Present Avenues for Change
Ⅲ. The Importance and Impact of Social Movements in Korean Society
A. The Korean Independence Movement as the Foundation of National Peaceful
Democratic Spirit
B. 19 April 1960: People of South Korea Protecting and Defending Democratic
Ⅳ. A Preamble with Legal Powers: How the South Korean Constitutional Court
Made the Preamble a Legal Tool
A. Testing the Constitutional Court: The Conflict Between the National Security
Act and Fundamental Rights Protected by the Constitution
B. A Growing Precedent for the Preamble to be of Legal Value: How National
Spirit in the Preamble is Preserved by the Constitutional Court
Ⅴ. The Need for Modernization: New Dedication to Democracy through President
Moon’s Amendments
A. The Significance of President Moon’s Amendments: What Do These New
Democratic Movement Inclusions Mean?
B. A New Korean Democratic Identity After the Impeachment of President Park
VI. Conclusions and Lessons
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