Hybrid Constitutionalism To Mainstream Human Rights In A Unified Korea
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Author | : |
Publisher | : |
Total Pages | : 113 |
Release | : 2013 |
Genre | : |
ISBN | : |
Amidst the global wave of democratization, modernization, and economic engagement during the 1980s and 1990s, the traditional tenets of constitutionalism have proven to be unwieldy dogma for States undergoing periods of rapid transition. In order to retain the administrative capacity to steer - rather than merely adapt to - political and social change, numerous transitioning States have adopted a new paradigm of constitutionalism, namely transitional constitutionalism, characterized by a centralized and streamlined structure of governance. However, in many instances, including Korea's post-division transitional history, this model has demonstrably undermined fundamental human rights protections. In this thesis, I propose a hybrid constitutional paradigm for unification in Korea (another form of State transition) which seeks to balance the dual objectives of effective governance and human rights protection. I do so by examining and critiquing the core principles of traditional and transitional constitutionalism, outlining the human rights issues that the unified Korea will likely confront in its constitutional trajectory based on an analysis of Korea's political, social, cultural, and constitutional history, and finally proposing a hybrid model of constitutionalism that utilizes an institutional approach to prevent violations of human rights in the unified Korea while allowing the State to retain governmental efficiency during transition.
Author | : |
Publisher | : |
Total Pages | : 113 |
Release | : 2013 |
Genre | : |
ISBN | : |
Amidst the global wave of democratization, modernization, and economic engagement during the 1980s and 1990s, the traditional tenets of constitutionalism have proven to be unwieldy dogma for States undergoing periods of rapid transition. In order to retain the administrative capacity to steer - rather than merely adapt to - political and social change, numerous transitioning States have adopted a new paradigm of constitutionalism, namely transitional constitutionalism, characterized by a centralized and streamlined structure of governance. However, in many instances, including Korea's post-division transitional history, this model has demonstrably undermined fundamental human rights protections. In this thesis, I propose a hybrid constitutional paradigm for unification in Korea (another form of State transition) which seeks to balance the dual objectives of effective governance and human rights protection. I do so by examining and critiquing the core principles of traditional and transitional constitutionalism, outlining the human rights issues that the unified Korea will likely confront in its constitutional trajectory based on an analysis of Korea's political, social, cultural, and constitutional history, and finally proposing a hybrid model of constitutionalism that utilizes an institutional approach to prevent violations of human rights in the unified Korea while allowing the State to retain governmental efficiency during transition.
Author | : Human Rights Watch |
Publisher | : Seven Stories Press |
Total Pages | : 957 |
Release | : 2019-02-05 |
Genre | : Political Science |
ISBN | : 1609808851 |
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
Author | : |
Publisher | : Professional Training |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Political Science |
ISBN | : 9789211541892 |
This publication introduces the reader to national human rights institutions (NHRIs). Its focus is on NHRIs as both cornerstones of national human rights protection and promotion, and links between States and the international human rights system. Respect for human rights requires the concerted effort of every Government, individual, group and organ in society. With this in mind, the publication is intended for all those who seek a basic understanding of NHRIs, the work they do, how they interact with States, civil society and the international community, and how to support their work.
Author | : Ruti G. Teitel |
Publisher | : Springer |
Total Pages | : 442 |
Release | : 2016-04-30 |
Genre | : Political Science |
ISBN | : 1137534540 |
How will a unified Korea respond to the Kim regime's crimes against humanity? Will North and South Korea be able to reconcile their differences after being divided for so long? Will China, the US, Japan, Russia, and U.N. drive the process? This book examines the challenges associated with Korean unification and human rights accountability.
Author | : Surya Deva |
Publisher | : Cambridge University Press |
Total Pages | : 539 |
Release | : 2017-10-19 |
Genre | : Business & Economics |
ISBN | : 1107199115 |
This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.
Author | : Human Rights Watch |
Publisher | : Seven Stories Press |
Total Pages | : 810 |
Release | : 2018-01-30 |
Genre | : Political Science |
ISBN | : 1609808150 |
The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken in 2016 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
Author | : Felipe Gómez Isa |
Publisher | : Universidad de Deusto |
Total Pages | : 974 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 8498308135 |
The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).
Author | : Freedom House |
Publisher | : Rowman & Littlefield |
Total Pages | : 1040 |
Release | : 2019-01-31 |
Genre | : Political Science |
ISBN | : 1538112035 |
Freedom in the World is the standard-setting comparative assessment of global political rights and civil liberties. The methodology of this survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories.
Author | : David P. Forsythe |
Publisher | : Manas Publications |
Total Pages | : 384 |
Release | : 2006-09-30 |
Genre | : Political Science |
ISBN | : 9788170492955 |
Human Rights And Comparative Foreign Policy Is The First Book In English To Examine The Place Of Human Rights In The Foreign Policies Of A Wide Range Of States During Contemporary Times. The Book Is Also Unique In Utilizing A Common Framework Of Analysis For All 10 Of The Country Or Regional Studies Covered. This Framework Treats Foreign Policy As The Result Of A Two -Level Game In Which Both Domestic And Foreign Factors Have To Be Considered. Leading Experts From Around The World Analyze Both Liberal Democratic And Other Foreign Policies On Human Rights. A General Introduction And A Systematic Conclusion Add To The Coherence Of The Project. The Authors Note The Increasing Attention Given To Human Rights Issues In Contemporary Foreign Policy. At The Same Time, They Argue That Most States, Including Liberal Democratic States That Identify With Human Rights, Are Reluctant Most Of The Time To Elevate Human Rights Concerns To A Level Equal To That Of Traditional Security And Economic Concerns. When States Do Seek To Integrate Human Rights With These And Other Concerns, The Result Is Usually Great Inconsistency In Patterns Of Foreign Policy. The Book Further Argues That Different States Bring Different Emphases To Their Human Rights Diplomacy, Because Of Such Factors As National Political Culture And Perceived National Interests. In The Last Analysis States Can Be Compared Along Two Dimensions Pertaining To Human Rights: Extent To Which They Are Oriented Toward An International Rather Than National Conception Of Rights; And Extent To Which They Are Oriented Toward International Rather Than National Action To Protect Human Rights.