South Korea’s Multilayered “Basic Order” : Uses and Meanings in Constitutional Rulings from 1989 to 2019

Justine Guichard (1, 2, 3)

1 CCJ - Chine, Corée, Japon
2 CRC-CCJ - Centre de Recherches sur la Corée
3 UFR LCAO UPCité - UFR Langues et Civilisations de l'Asie orientale [Sociétés et Humanités] - Université Paris Cité

The notion of “basic order” is central to the work that the Constitutional Court of Korea has performed since it started to operate in 1988, the institution having endorsed the mission to protect not only the basic rights of individuals but also the “basic order” of the Republic of Korea. To further our understanding of what lies behind this term, the present study offers an overview of the 199 rulings in which the “basic order” has appeared between 1989 and 2019, never alone but as part of diverse phrases such as “free democratic basic order,” “economic basic order” or “constitutional basic order.” Quantitatively analyzing all of these cases and qualitatively focusing on some, the research interrogates whether a consistent “basic order” doctrine can be discerned through the uses made of and meanings given to the various expressions incorporating this notion.

Mots clés: South Korea; Constitutional Court; “basic order” doctrine

Domaines: Sciences de l'Homme et Société; Science politique

Justine Guichard. South Korea’s Multilayered “Basic Order” : Uses and Meanings in Constitutional Rulings from 1989 to 2019. The Constitutional Court of Korea as a Protector of Constitutionalism: Global Perspectives, Constitutional Court of Korea, pp.137-160, 2021. ⟨hal-03712890⟩