[One Thousand Characters a Day] The Politics of Citizens <4>

Editor's NoteWhat is the current state of our society? Social conflicts such as ideology, region, generation, and gender are becoming more complex, but genuine dialogue and debate have long disappeared. Only the distinction between enemy and comrade remains. Politicians are rather inciting social conflicts to gain votes. Based on the author's experience as a journalist, this book is structured with the intention of creating a democracy textbook for adults. It also aims to provide a basic foundation for viewing politics with a correct perspective in a reality where 'conservatism' and 'progressivism,' ideological 'division,' 'post-truth,' and 'fake news' are rampant in our society. It will greatly help readers establish clear principles about democracy on their own and understand and judge social phenomena. Word count: 922 characters.

The rule of law is the foundation of a democratic system. It means governance by the constitution and laws, not by the arbitrary judgment of one person. All people are equal before the law, and constitutional fundamental rights must be guaranteed. The judiciary functions as one pillar of the separation of powers, checking the executive and legislative branches. A representative example is constitutional review, where the Supreme Court or Constitutional Court has the powerful authority to nullify laws themselves. This can sometimes stabilize democratic politics, but also restrict it. There are two opposing views on the role of the judiciary. Judicial activism emphasizes the judge's role in achieving political goals and social justice that affect the public, while judicial restraint holds that politics should be left to the legislature and judges should simply apply the law.

Judicial systems differ by country. Especially in handling constitutional disputes, some countries have general courts responsible, while others have a Constitutional Court. The former is adopted by countries like the United States and Canada, and the latter by Germany and Austria. The U.S. Supreme Court consists of nine members, including the Chief Justice and Associate Justices. They are nominated by the President and confirmed by a majority vote in Congress. Their terms are guaranteed for life unless they commit serious crimes or resign voluntarily. This is one measure to maintain judicial independence.

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The judicialization of politics is a matter of controversy. It is becoming common to bring issues that should be resolved politically into judicial procedures. Politicians praise judicial independence when rulings go their way, but harshly criticize them as political decisions when they do not. The important fact here is that nationally significant issues are being decided not by a representative legislature but by a small group of judicial elites. As this phenomenon intensifies, the judiciary may come to dominate over the executive and legislative branches, and as an unchecked entity, it can easily lead to the regression of democracy.

－Im Chunhan, The Politics of Citizens, Pakyoungsa, 23,000 KRW