Constitutional Politics

Won-taek Kang
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Abstract

In 1948, the Constitution was enacted by the Constitutional National Assembly, and a presidential system was adopted. But it was a hybrid system with both presidential and parliamentary system elements. Even though nine constitutions have been promulgated since then, this characteristic has remained fundamentally unchanged. Under the authoritarian regimes, the dictators forcibly revised the Constitution to strengthen their power and extend their terms of office. Constitutional politics, then, was fraught with serious conflict. South Korea was democratized in 1987, and the Constitution was democratically revised accordingly. The most important thing in this new Constitution was the restoration of the popularly elected presidential system. But the 1987 Constitution was modelled on the 1962 Constitution, and does not fit well with today’s democratized and diverse Korean society. The need to decentralize the authority and power of central government is another reason for constitutional reform.
宪法政治
1948年,制宪国民会议制定了宪法,实行总统制。但它是总统制和议会制的混合制度。尽管此后颁布了9部宪法,但这一特点基本没有改变。在独裁政权下,独裁者为了加强权力和延长任期,强行修改宪法。当时,宪政政治充满了严重的冲突。韩国在1987年实现了民主化,宪法也进行了相应的民主修改。新宪法中最重要的是恢复民选总统制。但是1987年的宪法是以1962年的宪法为蓝本的,不适合今天民主化和多样化的韩国社会。分散中央政府的权威和权力是宪政改革的另一个原因。
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