• Title/Summary/Keyword: Constitutionalism

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Investigating Constitutionalism by the Five Important Officials at the End of the Late-Qing Dynasty - Focusing on Duan Fang (청말신정(淸末新政) 시기 오대신출양(五大臣出洋)과 군주입헌론의 전개 - 단방(端方)을 중심으로)

  • Cho, Se-Hyun
    • Journal of North-East Asian Cultures
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    • v.19
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    • pp.23-48
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    • 2009
  • Duan Fang's doctrine of constitutional monarchy went forward from monarchy to constitutional government based on that an establishment of constitution political structure is superior to a arbitrary rule political structure. And Duan Fang's doctrine featured limitation of monarch's authority protection of subjects' rights. He thought constitution government should be based on the establishment of constitution preparation. He believed that China need to take merit equally in the process of establishment of constitution preparation. In spite of this flexible recognition, there was not enough consideration about an ideological, social and economical basis that can make possible constitutional government operation. He had understood constitutional government system from angle of monarch's safety and the wealth and power of nation. The view was that a responsible Cabinet was for monarch's safety and the nation assembly judicature local autonomous is a system for safety of nation showed us. In his opinion, neither main task of congress is legislation, cabinet nor is the high ranking executive agency, however, he expected to constitutionalism system to become a buffing role instead of monarch. A little pure and simple thinking that open nation assembly and execute constitutional monarchy could make China powerful and wealthy might reflected urgent situation at that time.

The Korean State and Candlelight Democracy: Paradigms and Evolution

  • Bedeski, Robert
    • Journal of Contemporary Eastern Asia
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    • v.16 no.2
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    • pp.82-92
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    • 2017
  • The Korean state evolved as a distinct entity in a region of major power convergence and conflict. All states, as human constructions, seek sovereignty and life security of their subjects/citizens, and are rotted in organic society. In the Republic of Korea, constitutional order has provided a framework for political action and a succession of regimes - authoritarianism, military dictatorship, and constitutional democracy. Since 1960 two paradigms have undergone a cycle of growth and decline, and a third, since the 2016 candlelight demonstrations in Gwanghwamun, may be the beginnning of a third generation paradigm - populist constitutionalism.

관광규범의 법리개선론에 관한 연구 -관광법의 진흥을 위하여-

  • 이항구
    • Journal of Applied Tourism Food and Beverage Management and Research
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    • v.10
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    • pp.1-25
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    • 1999
  • Tourism is a word meaning enjoyable based on tourism order. No matter how free is the journey guaranteed, there is a limit to the orders travellers follow. In other words, constitutionalism suitable for a region or country can be found in any tourist resort at home and abroad. Foreign or local tourism travelling in Korea have tourism-related rules to keep, and people working for tourism and organization of it have also rules. Therefore, a study for the rule of law is needed in aspect of how to improve tourism. Unfortunately, none of those rules of law to be followed by tourist and people working for tourism have not been researched. For instance, any principle of law has not been studied to help improve people-to-people diplomacy and national economy those of which are emphasized by tourism basic law. Finally, a research is needed for law reforms that guide tourism in future.

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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.

정치유학의 사상연원과 쟁점 - 강유위康有爲와 장경蔣慶을 중심으로

  • Lee, Yeon-Do
    • 중국학논총
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    • no.61
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    • pp.323-340
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    • 2019
  • As the continent's Neo-Confucianism has emerged as an issue recently, Kang You-wei has become a hot topic in Chinese thought circles. His view that the goal of Confucianism is ultimately to reformbased on the "ChunQiu Gongyang" has been drawing new attention in the 2000s with the emergence of Political Confucianism. This paper reviews Kang You-wei's study of Chun Qiu Gongyang, which could be called the ideological origin of continental Confucianism, and also analyze the development process and problems of political Confucianism. In order to understand the current discussion of Confucian constitutionalism, an understanding of Kang You-wei should be preceded. Because most of the problems raised in continental political Confucianism, began with the idea of Kang, and they insist on returning to Kang You-wei as well.

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".

A Study on the Regulative Principle of Law in Respect to Police Function in Internationalized Age - Centering on Limitation to Police Authority Exercise - (국제화 시대의 경찰작용 통제법리에 관한 연구 -경찰권발동의 한계를 중심으로-)

  • Oh Tae-Kon;Kim Dong-Bok
    • The Journal of the Korea Contents Association
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    • v.5 no.3
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    • pp.63-71
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    • 2005
  • The police have a responsibility to exercise the police authority in the sphere of peril prevention. Such right may be decided at their discretion. So, as a management according to the police's discretion is based on order and compulsion, it can not help infringing the rights of the people. Therefore, the exercise of the police authority has to be accompanied by a legal management policy according to the principle of legal reservation based on the principle of constitutionalism. This study is to find proper directions of the police function through preparing reasonable plans to guarantee freedom and rights of the people at its maximum while maintaining the public peace and order.

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The 19th CPC National Congress and the Development of the Chinese Constitutional System in the New Era: From the Perspective of the History of Constitutional Change (十九大与新时代中国宪制的发展 : 基于宪法变迁史的视角)

  • Wang, Jianglian
    • Analyses & Alternatives
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    • v.2 no.1
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    • pp.71-106
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    • 2018
  • The 19th CPC National Congress has a key historical significance in the development of China's constitution. It will also play a decisive role in the history of the seventy years'constitutional change in New China. XiJinping's new socialist thought with Chinese characteristics established in the report of 19th CPC National Congress will be written in the preface of the March 2018 National People's Congress's constitutional amendment. The fifth revision of 1982 Constitution will touch on many issues such as the leadership of the CPC into the constitution, the abolition of the tenure of the president, the constitutional oath system, and the reform of the national supervisory system. In addition, the constitutionality review system, the establishment of the National Security Council, the constitutional status of socialist public property and private property and the adjustment of major economic system has become a hot topic in the theory field. In the history node towards a socialist country ruled by law, the theory and practice of the China indeed have the academic ideas, value position and path model differences, which will delay the Chinese constitutional development, but also is the necessary pain in the process of moving towards the rule of law in China. Indeed, how to the development and where to go in the future of Chinese constitutionalism itself has sample value, which deserves rational attention and in-depth inquiry from Chinese and Western academics.

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A STUDY FOR THE DIRECTION OF THE DENTAL SPECIALIST SYSTEM IN KOREA (치과전문의제도의 나아갈 방향 모색)

  • Shon Guk-Ho;Kang Hyun-Ho;Lee Hwa-Yeon
    • The Journal of Korean Academy of Prosthodontics
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    • v.39 no.4
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    • pp.433-443
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    • 2001
  • The aim of this study was to evaluate the dental specialty system from the viewpoint of korean constitution. An attempt to introduce a dental specialty system has been repeated many times, but it was interrupted by the dispute of the interested parties, especially general practice dentists, trained dentists and the authorites concerned. The korean constitutional court decided on July 16th 1998 that the lack of the examination to be a dental specialist was against the korean constitutional law and the authority concerned should prepare the legal procedure for the dental specialist examination in proper time. Though the dental specialty system may be discussed in a variety of view, it should be established on the ground of the korean constitutionalism. According to the korean constitution, all the people can develop their abilities at the maximum and have their dignity, preciousness and right to seek their happiness. With the view of spirits of the constitution, dental specialty system should be more open widely to those who want to be a specialist. It should be also allowed to the dental specialists that they reveal their specialty and creativity. However, the representatives of the korean dental association(KDA) decided at the 50th annual meeting that the dental specialists should not reveal or annonce their specialties at the first step of the dental care and all the present dentists give up to be specialists. As conclusion of this study the proposals of the KDA seems to be against the korean constitution and hardly fulfills the needs of the times.

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A Study on the Legal Consciousness of Female University Students through Information Analysis

  • Park, Jong-Ryeol;Jeon, Myung-Gil
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.5
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    • pp.111-118
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    • 2017
  • The Legal Consciousness is a feeling or attitude toward the law from the people. Most Korean had a traditional consciousness that did not consider the law so friendly, also, the perception of law is also very negative is the common result of various investigations so far. This is caused by a distrust of the political power that operates the law than just distrust of law. Moreover, it is a serious problem that these negative attitudes are getting stronger over time. Especially when looking at the situation of the monopoly of government affairs in Park Geun-hye administration, the law was not a means of realizing social justice on the side of the socially weak, it has come to the fact that the law has been recognized as a tool of oppression by the ruling group, which seizes power in a fraudulent manner and accumulates economic wealth. It was a really ridiculous incident. In addition, not all citizens need to be experts in law, but the law is a bowl for society, and filling the bowl is a moral form or value of society in general. And since society has a peculiar law, and the modern state has the rule of law as its basic principle, most human acts have a direct relationship with law. In particular, it is true that the problem of the legal consciousness of college students is frequently mentioned today. Therefore, in this study, through the examine the contents of the legal consciousness of the K university female students in Gwangju and will consider the cause of this.