[Book Sip] Party Dissolution, Presidential Impeachment, Adultery Law... The Constitutional Court Chief Talks About the Constitution

Some sentences encapsulate the entire content of the book itself, while others instantly reach the reader's heart, creating a connection with the book. We present meaningful sentences excerpted from the book. - Editor's note

Professor Park Han-cheol, the 5th Chief Justice of the Constitutional Court, who was involved in a total of 10,649 constitutional trials including the first-ever party dissolution and presidential impeachment in constitutional history, as well as adultery cases. He personally compiled the past, present, and future of the constitution in one volume, covering the historical background of the constitution, constitutional court cases, and visions for social integration. The book reflects on the role of the state, the essence of politics, the rights of the people, and constitutional values, examining how the constitution changes society and protects our lives. Additionally, it explains the historical background and development process of the constitution, explores the legal-philosophical grounds of 13 major constitutional trials, encompassing not only majority opinions but also minority opinions, and reviews the changes following the rulings.

In a society where diverse people live together, numerous conflicts inevitably arise surrounding various interests. The unique function and duty of politics is to appropriately mediate and resolve these conflicts to promote coexistence, continuity, and prosperity of the community. However, today’s politics not only fails to fulfill its inherent role but also generates conflicts itself. Consequently, unexpected burdens are increasing across various sectors of our society, demanding a more proactive role from the Constitutional Court and judiciary, which are institutions for ex post legal recognition.

_pp. 8-9, from ‘Author’s Note’

Originally, the legislature operated based on value relativism ? “what was wrong then may be right now,” interest pluralism ? “if everyone pursues their own interests, the public good will naturally be realized,” utilitarian individualism ? “people obey laws not out of legal spirit but selfishness,” and rationalism ? “all human actions can be justified through debatable logic.” Unfortunately, the philosophical foundation of parliamentarianism is nowhere to be seen with the naked eye in today’s National Assembly, yet it still struggles to uphold the round dome of Yeouido intellectually. The ‘Media Law Jurisdiction Dispute Case’ superficially appears as a power dispute between members of the National Assembly and the Speaker over legislative authority, but in reality, it highlights the negative aspects of the political reality and operational style of the National Assembly more prominently.

_pp. 92-93, from ‘Part 2: The Path of Constitutional Adjudication: Chapter 5 What Should the National Assembly Look Like? ? Media Law Jurisdiction Dispute Case (October 29, 2009)’

The Place of the Constitution | Written by Park Han-cheol | Gimm-Young Publishers | 356 pages | 17,800 KRW