• Title/Summary/Keyword: 헌정주의

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A Study on Character and Limitation in Populism (포퓰리즘 정당의 성격과 한계에 관한 연구)

  • Kim, Yong-Chul
    • Journal of Digital Convergence
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    • v.15 no.1
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    • pp.69-76
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    • 2017
  • This paper focus on universal values and characteristics of populist parties of the Western Europe. Moreover, the causes of the European populist parties successful political activities in the European society, in which democracy is relatively established, quite stably, examined as well. Populist political activities based on simple speech are evidently unfair political actions mobilizing the unreasonable populace. populist politics is difficult to coexist with the modern Western European democracy.

The New Social Contract and the Digital Bill of Rights : Focusing on Political and Social Context and Institutionalization (새로운 사회계약과 디지털 권리장전: 정치·사회적 맥락과 제도화를 중심으로)

  • Jo, Gye-Won
    • Informatization Policy
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    • v.31 no.1
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    • pp.53-71
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    • 2024
  • Digital transformation calls for a new social contract that must transform the existing norms and paradigms of our society. Digital constitutionalism is a way of building new order through a new social contract and is an ideology that aims to establish and ensure a normative framework for the protection of fundamental rights and balance of power in the digital environment. The Internet/Digital Bill of Rights is a representative example of constitutionalization based on this ideology. Initially, it took the form of an informal, non-binding declaration led by civil society organizations or various stakeholders, setting forth normative principles adapted to the changing nature of digital society. More recently, they have taken the form of formal charters, declarations, or laws containing principles at the national or regional level. The "Digital Bill of Rights" proposed by the Korean government can be seen as an example of this trend, but it does not fully reflect the recent trend of Internet/Digital Bills of Rights in terms of substantive and procedural legitimacy. Even if the government provides a certain normative direction, it needs to be combined with a concrete action plan in each area to create a balance of norms with digital technologies and industries instead of simply being a "declaration".

Philippine Democracy and Constitutional Engineering: Power Sharing, Accountability, Effectiveness and Stability (필리핀 민주주의의 헌정공학: 권력공유, 책임성, 효율성, 안정성)

  • KIM, Dong-Yeob
    • The Southeast Asian review
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    • v.23 no.1
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    • pp.1-44
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    • 2013
  • This study examined the constitutional engineering of the Philippine democracy in terms of power sharing and accountability, and the effectiveness and stability of the Philippine democracy as a result were assessed. Based on the analysis, the nature of the present Philippine democratic system since 1986 was brought to light. This study argues that the system of power sharing between the President and the congress in the Philippines tends to serve for negotiating political interests among the power elites rather than functioning in a constructive way. And the public accountability system is not functioning as it was designed to do. Due to the defects the Philippine democracy continuously suffers the lack of political effectiveness and stability. Despite of the problem, the reason not to break down the system would be the fact that the system served for the oligarchic power elites to circulate and recreate the political power exclusively. The direction of the Philippine constitutional engineering should be weakening the present traditional elite dominated political system, and strengthening the chances of political participation from the various classes. Some concerned people suggested the constitutional change to parliamentary system in order to strengthening party politics, and federal system to cope with the problems of regional conflicts, but such efforts failed repeatedly due to the conflict of political interests. Considering the present circumstance, it would be advisable to reform political party law and election system in the direction of strengthening political party system, and to expand the scope of local government system in the direction of devolving the centralized political power.

Democratic Deepening and Constitutional Engineering in Thailand (태국 민주주의의 심화와 헌정공학)

  • KIM, Hong Koo
    • The Southeast Asian review
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    • v.23 no.1
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    • pp.45-87
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    • 2013
  • This paper aims to study Thai democratic deepening and the constitutional engineering with the analytical concepts of 'power sharing' and 'accountability' focusing on the 1997 and 2007 Constitution. With regard to power sharing, the 1997 Constitution had the characteristics of majoritarian principle including a two-party system, strengthening of prime minister and the executive's power etc. It enhanced significantly the aspects of accountability compared with the previous constitutions. The institutions such as Constitutional Court, Commission on Election, Administration Court, Commission on Human Right, Ombudsman, Commission on Anti-corruption, and the Measure for Anti-money Laundering were established by the 1997 Constitution. However, such empowered accountability system were often abused by the political power groups in the political process. The 2007 Constitution has the characteristics of consensual principle including a multiparty system, proportional representation system, weakened prime minister's power, balancing of cabinet and parliament's power, pushing ahead with decentralization. However, the consensual principle of the 2007 Constitution came, in part, from the factional interests. It is similar to the 1997 Constitution in terms of accountability system, which enhanced in law but abused often in practice. One of the critical reasons for the failure of the 1997 and 2007 constitutions to consolidate democratic system was the political game played around the so-called network for the monarchy composed by the military, the civilian bureaucracy, Constitutional Court and the privileged classes. The future of the Thai democratic deepening depends on the constitutional engineering in which the factional interests should be excluded, and the rules of power sharing and accountability which traditionally played around the network for the monarchy should be effectively institutionalized.

A Study on Perspectives of the National Assembly Larchiveum: Focused on Discussion about Collaborative Strategies of Memory Institutions (국회 라키비움의 전망에 관한 연구 - 기억기관 협력 정책에 관한 논의를 중심으로 -)

  • Kim, You-Seung
    • Journal of Korean Society of Archives and Records Management
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    • v.12 no.2
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    • pp.93-115
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    • 2012
  • The National Assembly and its institutions have heavy duties to the nation. Knowledge and information resources which they produce, manage and preserve are part of history and evidence of democracy. Therefore, activities for systematic management and long-term preservation of the resources are important tasks at a national level. However, organizational status of the institutions, which are in charge of management and preservation of the resource, are not in accord with their responsibilities. In this context, this study aims at analyzing necessary and sufficient conditions for establishing the National Assembly Larchiveum and at exploring possible strategies. The study conducts literature reviews concerning necessities, procedures, and success factors of collaboration. Futhermore it analyzes various cases and divides them into several types based on collaborative levels and geographical categories. Based on these theoretical discourse the study discuss the history of the National Assembly's memory institutions and obstacles to their collaboration. As a result, it provides alternative strategies for establishing the National Assembly Larchiveum.

Thailand in 2017: The Resurgence of "Sarit Model" and Thai-Style Democracy (2017년 타이: '싸릿모델'의 부활과 타이식 민주주의)

  • PARK, Eun-Hong
    • The Southeast Asian review
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    • v.28 no.2
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    • pp.213-247
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    • 2018
  • Thailand in 2017 the public sentiment has turned against the military government. The four pledges the military declared immediately after the 2014 coup, restoration of democracy, addressing of divisive politics, eradication of corruption, and stimulation of the economy have all failed. In the same year, however, Thai military junta began to recover it's diplomatic relationship with western countries including US and EU owing to promulgation of the new constitution endorsed by King Maha Vajiralongkorn and the lavish funeral of late King Bhumibol Adulyadej which was attended by huge number of condolence delegations from around the world including US Defense Secretary James Mattis. Since the 2014 coup, US has sanctioned the country under military junta led by General Prayuth Chan-o-cha for urging them back to the barracks. EU also joined this sanction measures. US signaled change in it's policy when General Prayuth got the chance to visit US and meet President Donal Trump in 2017. General Prayuth Chan-o-cha's military junta could start to restore it's reputation internationally. Domestically, he used absolute powers based on section 44 of the interim constitution, also guranteed in the new constitution. Oversea and national human rights groups have criticized that the interim constitution for permitting the NCPO, Thai military junta's official name, to carry out policies and actions without any effective oversight or accountability for human rights violations. On 1 December 2017, Thailand marked the one-year anniversary of King Maha Vajiralongkorn's accession to the throne as the country's new monarch, Rama X. In the first year of King Rama X's reign, arrests, prosecutions, and imprisonment under Article 112 of Thailand's Criminal Code (lese-majeste) have continued unabated in Thailand. NCPO has continued to abuse Article 112 to detain alleged violators and curb any form of discussion regarding the monarchy, particularly on social media. In this worsening human rights environment General Prayuth Chan-o-cha enforced continuously campaign like Thai-style democracy- an effort to promote largely autocratic 'Thainess' in such a way that freedom of expression is threatened. It is a resurgence of 'Sarit Model'. In the beginning of 2017 Thai military government raised the slogan of 'opportunity Thailand' in the context of 'Thailand 4.0' project which attempts to transform Thai economy based on industry-driven to innovation-driven for recovering robust growth. To consider freedom and liberty as a source of innovation, 'Thailand 4.0' led by 'Sarit Model' without democracy would be skeptical.

A Study of the foundations of culture established the Sosu Seowon (소수서원(紹修書院) 건립의 문화적 토대 연구 - 회헌(晦軒) 안향(安珦)의 선비정신을 중심으로 -)

  • Lee, Jeong-Hwa
    • (The)Study of the Eastern Classic
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    • no.48
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    • pp.41-63
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    • 2012
  • This research paper is aims to study the Zhu Xi school of Neo-Confucianism culture based on the Sosu seowon. Also This research paper is to discuss study and scholars correlation the Sosu seowon. The Sosu seowon is mainly made up of the Zhu Xi school of Neo-Confucianism development. The Sosu seowon was the cradle of scholars and bureaucrats. Scholars who study of orthodox Neo-Confucianism in the our country was respected academic spirit of An Whyang in the study of orthodox Neo-Confucianism. An Whyang is symbolic existence of the Sosu seowon. He knew well the importance of learning. He was the person to represent the Sosu seowon. Toegye and Sinje are handed down to the fundamental principle brought in on the orthodox Neo-Confucianism caused by An Whyang. This research paper is to based upon on academic spirit of An Whyang in the study of orthodox Neo-Confucianism. Scholars who study of orthodox Neo-Confucianism thought that the nation's happiness made appointment to a competent person learned the orthodox Neo-Confucianism caused by An Whyang related to the Humanism education.

The Effects of Total Sleep Deprivation on Anxiety, Mood, Sleepiness and Fatigue (전수면박탈이 정상인의 불안, 기분, 졸리움 및 피로도에 미치는 영향)

  • Lee, Heon-Jeong;Kim, Leen;Joe, Sook-Haeng;Suh, Kwang-Yoon
    • Sleep Medicine and Psychophysiology
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    • v.6 no.1
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    • pp.76-84
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    • 1999
  • Objectives: A number of studies have shown that sleep deprivation results in reduced vigilance and increased negative affects such as tension, depression and anger. However there are few studies about effects of sleep deprivation on anxiety. The purpose of this study was to investigate the effects of 40 hour sleep deprivation on state anxiety, affects, sleepiness and fatigue. The authors also intended to study the effect of trait-anxiety on these psychological variables after sleep deprivation. Methods: Twenty nine subjects(22 men, 7 women, $24.59{\pm}1.35$ years of age) participated in this study. Subjects had no past history of psychiatric disorders and physical illnesses, and had normal sleep-waking cycle without current sleep disturbances. All of the subjects completed sleep dairy for two weeks to exclude some who suffered from chronic sleep deprivation or sleep disturbances. Subjects were instructed to get a normal sleep as usual at night before the study. After awakening, subjects remained awake for 40 hours under continuous surveillance. They completed State-Trait Anxiety Inventory, Index of General Affect, Stanford Sleepiness Scale and Fatigue Questionnaire every three hours, therefore they completed the scales 14 times totally. Subjects were dictated not to take caffeine, alcohol, or any medications on the day of the study. Heavy exercises and naps were restricted too. Results: Sleep deprivation resulted in increased state anxiety, negative general affects, and increased sleepiness and fatigue(p<.001). Dividing into high trait-anxiety group and low trait-anxiety group, there was significant sleep deprivation x traitanxiety interaction effect on general affect(p<.05). But, there was no significant sleep deprivation x trait-anxiety interaction effect on state-anxiety, sleepiness and fatigue. During sleep deprivation, the highest ratings of scales on anxiety, negative affect, sleepiness and fatigue occurred between 4 : 00AM and 7 : 00AM. Conclusions: These results show that sleep deprivation results in increased anxiety, mood state disturbance and increment of sleepiness and fatigue. These findings also suggest that trait-anxiety is a factor that influences the degree of worsening in general affect caused by sleep deprivation. During sleep deprivation, the rating curves of anxiety, affect, sleepiness and fatigue show rhythmicity that may be related to circadian rhythm.

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