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The issue of defining and redefining enmity has been at the heart of constitutional justice since South Korea's change of regime. This book explores how the Constitutional Court of Korea has addressed this challenge, carving the contours of who is included in or excluded from the body politic throughout its jurisprudence.
Justine Guichard is Research Associate at Sciences Po's Center for International Relations (CERI), France. She holds a PhD in political science from Sciences Po, France, and Columbia University, USA.
Prologue1. Interrogating Constitutional Justice: Contingency and Ambivalence of the South Korean Court's Role as Guardian of the Constitution2. Transitioning by Amendment: The 1987 Revision of Constitutional Norms and Institutions3. Post-Authoritarian Contentious Politics: Constitutional Empowerment from Below4. Reviewing how the Enemy is Defined: From the Security of the State to the 'Basic Order of Free Democracy'5. Reviewing the Contours of the National Community: The Body Politic Beyond and Below the 38th Parallel6. Reviewing how the Enemy is Treated: Criminal Rights even for National Security Offenders7. Reviewing the Exigencies of National Defense: Citizens' War-Related Rights and DutiesEpilogue
