Asset Details
Do you wish to reserve the book?
The Fragility of Liberal Democracy: A Schmittian Response to the Constitutional Crisis in South Korea (1948–79)
Hey, we have placed the reservation for you!
By the way, why not check out events that you can attend while you pick your title.
Oops! Something went wrong.
Looks like we were not able to place the reservation. Kindly try again later.
Are you sure you want to remove the book from the shelf?
The Fragility of Liberal Democracy: A Schmittian Response to the Constitutional Crisis in South Korea (1948–79)
Do you wish to request the book?
The Fragility of Liberal Democracy: A Schmittian Response to the Constitutional Crisis in South Korea (1948–79)
Please be aware that the book you have requested cannot be checked out. If you would like to checkout this book, you can reserve another copy
We have requested the book for you!
Your request is successful and it will be processed during the Library working hours. Please check the status of your request in My Requests.
Oops! Something went wrong.
Looks like we were not able to place your request. Kindly try again later.
Journal Article
The Fragility of Liberal Democracy: A Schmittian Response to the Constitutional Crisis in South Korea (1948–79)
2022
Overview
What is the legal source of legitimacy in political authority? This pressing question made a striking appearance on the South Korean scene when, since its inception in 1948, a popular backlash against a liberal democracy perceived as foreign and unjuridical erupted in the forms of terror, insurgency, mutiny, and putsch. Park Chung Hee's successful assumption of power through his 1961 coup d’état provided an implicit response, recasting the Korean concepts of legality and legitimacy. Han T'ae Yŏn was a key figure in this national dispute. Armed with Carl Schmitt's canon, Han gave a decisive verdict on how Korean liberal democracy had been eclipsed under the two spuriously liberal governments of Syngman Rhee and Chang Myŏn. His legal apology for Park's authoritarian constitutional regime echoed Schmitt's defense of the Führer by invoking the president as an incarnation of the will of the people as a whole. This article intends to revisit Schmitt's accusation of judicial positivism for its failure to deliver a genuine voice of the people in the case of a non-Western society.
