• Title/Summary/Keyword: Procedural Democracy

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The Confrontational Co-existence of Development and Human Rights after Democratic Transition in Southeast Asia: A Civil Society Perspective (동남아시아의 민주화 이후 '개발'과 '인권'의 갈등적 공존: 시민사회의 시각)

  • Park, Eunhong
    • The Southeast Asian review
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    • v.19 no.2
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    • pp.173-218
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    • 2009
  • Bring this analysis down to people-centered development perspective and looking through democratization in the Philippines, Thailand and Indonesia, we find similarities and differences among them related with the intensity of conflicts between development and human rights in the process of democratization in line with global transformation. Civil society in the Philippines criticized the developmental path in the Philippines which failed to implement land reform and eradication of poverty under the transition from 'patrimonial oligarchy' to democracy. In Thailand the coalition of military and the royalists had consolidated its power since Sarit military regime, which later paved the way 'hybrid oligarchy' era. Most Thai civil society organizations has regarded their developmental experience rather as 'maldevelopment' which disregarded economic and social rights. It has been especially believed by Thai localists that the stimulation of local markets and the building of autonomic community society will form the alternative economy without going against the conservative banner of nation, religion and king. Thaksin as a populist successfully took advantage of Thai localist ethos in favour of taking the seat of power. He projected himself as a modernizer focused on economic growth and cleaner politics. However Thaksin's procedural legitimacy was overthrown by counterattacking from military-royalist alliance, pretexting that Thaksin caused internal conflicts and lacked morality. Soeharto's New Order regime which can be called 'administrative oligarchy' had an antipathy towards notions of economic and social rights as well as civil and political rights. In spite of the fact that the fall of Soeharto opened the political space for democratic civil society organizations which had long struggled with development aggression and human rights abuses, there have been continuously a strong political and military reaction against human rights activists, NGOs and ethnic minorities such as Aceh and Papua. Nevertheless, Indonesian democracy is more promising than Philippine's and Thai democracy in terms of comparatively less pre-modern legacies.

Problems and its Remedy of the New Citizen Participation in Criminal Trial (국민참여재판의 문제점과 개선방안)

  • Jeong, Byeong-Gon
    • The Journal of the Korea Contents Association
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    • v.11 no.12
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    • pp.250-257
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    • 2011
  • 3 years and 10 months has passed since the New Citizen Participation in Criminal Trial was first enforced to secure reliability of people by reinforcing democratic legitimacy of jurisdiction and raising transparency. It can be evaluated positive in that procedural democracy as well as fair and prudent trial is realized, enabling people to participate at criminal justice procedure. However, new citizen participation in criminal trial targets only a very few case and recognize hortatory effects of jury's verdict only, not the binding effects. In addition, it still has various problems including limit to target cases, selection system of defendants, exclusion determination system, participation of conference of the judge and verdict by majority vote of the jury. In this regard, this study aims to examine several issues and problems, and to present alternative for this.

Unhappy Start but Happy Ending?: Three Conditions for the Success of the 21st National Assembly in the Era of Polarization (제21대 국회 개원 평가와 전망: 양극화 시대 국회 운영의 성공조건)

  • Yoo, Sung-jin
    • Korean Journal of Legislative Studies
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    • v.26 no.3
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    • pp.5-35
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    • 2020
  • This article purposes to investigate opening process of the 21st National Assembly in the middle of severe conflicts between two major-parties, and predict the changes it will bring to the operation of the National Assembly. With incumbent party's taking all leadership positions of standing committees, it broke the practice since 13th National Assembly, that is, distribution of the standing committees based on the seat-ratio. It means that our National Assembly has entered a new phase in the decision-making process. While the incumbent party, with overwhelming victory in general election, emphasizes that it should dominate legislative process to support the government, the out-party claims that they should take leverage to check over government. Two opposing trends are characteristically observed in the operation of the Korean National Assembly. First of all, due to the experience under authoritarian regimes, the National Assembly has been institutionalizing decision-making processes in the direction of enforcing cooperation between parties. On the other hand, the polarization in political parties has been stronger, making it difficult to reach consensus between parties. This article claims strongly that the 21st National Assembly need to find a balance amid such two-conflicting trends. To do so, three necessary conditions are proposed: observing decision-making procedures, securing diversity within party and National Assembly, and deliberative legislative activities.

Continuity of Japanese National Education between pre and post war in the context of Citizenship Education (전전-전후 일본 교육의 연속성 : 시민교육의 맥락에서)

  • Park, Seong-In
    • Korean Journal of Comparative Education
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    • v.27 no.3
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    • pp.1-22
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    • 2017
  • This study aims to examine the continuity of national education between prewar and postwar Japan in the context of nationalism and citizenship education by considering the direction and process of educational reform which has been a turning point in Japanese education policy. It explores the limitations of educational reform at the normative level and institutional and procedural level. Meiji Japan needed to form a united group to support modernization while also cultivating obedient people who supported the emperor, and the modern education system played a major role in achieving this task. After Japan's defeat in World War II, the nation sought to change the framework of authoritarian nationalism inherent in Japanese traditional through educational reforms and achieve the goals of democratization and non-militarization. The postwar educational reform has transformed the educational structure, but democracy and peace orientation have not been rooted internally. Under the backdrop of the Cold War, the education returned to the inverse.

Three Models of Decision-Making (의사결정의 세 가지 모델)

  • Lee, Sang-hyung
    • Journal of Korean Philosophical Society
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    • v.144
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    • pp.257-283
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    • 2017
  • The purpose of this paper is primarily to examine models of collective decision-formation and decision-making. The goal is to propose a model of decision-formation and decision-making that is appropriate for a democratic society. Habermas distinguishes these models of decision-formation and decision-making by liberal, republican, and deliberative political models according to their justification types. Axel Honneth, on the other hand, is divided into three models of liberalism, proceduralism, and republicanism. I want to divide the model of possible decision-making in democratic society into three, that is, the model based on force, the model based on procedure, and the republican model. This distinction will identify the characteristics of each decision-making model and this confirmation will help us find the best decision-making model for a democratic society. In the end, I will combine the republican model with the procedural model. For this synthesis, I will also propose three conditions in modern society. I will argue that the three conditions of collective intelligence, active freedom, and horizontal networks are necessary.

International Case Study on the Public Participation Procedure in Environmental Impact Assessment (환경영향평가의 시민참여 절차에 관한 해외사례 연구)

  • Kim, Jin-Oh;Min, Byoungwook
    • Journal of Environmental Impact Assessment
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    • v.29 no.5
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    • pp.363-376
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    • 2020
  • Various policies and institutional efforts are being made for mature democracy and more sustainable administration of our society. In this respect, the importance of civic participation, considered essential in environmental impact assessment, has been consistently emphasized in the relevant theories and practices. Although various methods and forms of public participation are taking place in Korea, criticism is widely understood that collecting citizens' opinions in the decision-making process has become ineffective and formal. Starting from these issues, this paper seeks to learn lessons from the foreign cases in the international context. Extensive literature review was conducted to examine the meaning and objectives of public participation in EIA and the tactical principles. Based on this, the participatory systems and procedures in the United States, Britain, Germany, Japan, and Canada were critically reviewed, and the implications were derived through specific cases. The results are, first, the provision of specific public participation guidelines, second, the securing of transparency in the decision-making process, third, the expansion of procedural participation levels, and lastly, the guarantee of participation opportunities. This paper is meaningful as a basic study to enrich discussions on public participation in the domestic EIA hoping to help research through more diverse empirical cases in the future.

Study of the Electoral TV-Public Space: Paradox of the Mythical Structure Manipulated by the Technical Institutionalization (TV 선거 공론장 구조 연구: 기계적 제도화의 역설(Paradox))

  • Park, Tae-Soun
    • Korean journal of communication and information
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    • v.36
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    • pp.198-230
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    • 2006
  • The aim of the this study is to observer paradoxal phenomenon in media election. The media, especially Television, was traditionally a journalistic operation representing political events on the outside of political camp. But recently, it intervenes to 'the political camp' as the most important method for election campaign. A centripetal of electronic medias making the dominant political space offer an alternative plan which get over the modern crisis of representative democracy. Even though, to the production of the political symbol and the operation of symbol which constitute substantial system of political action, the human being subject is excluded and the technical system of communication make up a govern structure. So it makes the contradictory situation. TV broadcast for election campaigning show well this paradoxal situation. The institutionalization of electoral broadcasting oriented by the State strengthens an immensification, an economical and political efficiency and a transparency of electoral campaign. But the means which controls the mind of public is also strengthened. It relates the production and circulation of the political symbol and the symbolic image restricted by dominator. In conclusion, this study argues that the media election is institutionalized by the instrumental reason(procedural rationality of politics and technological rationality of broadcasting), therefore the candidate take a fragment roles for the production of transcendental political symbol and the voters accommodate to the symbolic images which are foreseen and they judge.

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