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8 - Cosmopolitanising Rights Practice

The Case of South Korea

from Part II - Pursuit of Common Values

Published online by Cambridge University Press:  09 November 2018

Takao Suami
Affiliation:
Waseda University, Japan
Anne Peters
Affiliation:
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Dimitri Vanoverbeke
Affiliation:
Katholieke Universiteit Leuven, Belgium
Mattias Kumm
Affiliation:
Humboldt-Universität zu Berlin
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Summary

In Chapter 8, Yoon Jin Shin analyses “cosmopolitanising” rights practices in South Korea and explores their implications for global constitutionalism. The chapter first shows how international human rights law interacts with constitutional law in adjudication processes before the Korean Constitutional Court. It then examines the Court’s changing attitude toward comparative constitutional law and foreign rights practices and notes its evolving, transnational self-identity vis-à-vis the wider world. The subsequent section reflects on the encounter of Asian tradition and culture with constitutional principles, and it discusses the merits of constitutional rights review in accommodating both the locality of contexts and the universality of rights norms. Finally, the role of individual rights-holders is emphasized in Korea’s cosmopolitanising rights practices. This chapter concludes that the overall development in South Korea exemplifies a practice of bottom-up and locally grown global constitutionalism emerging outside Europe. It provides a counter-weight to the oft-levelled charges that global constitutionalism is a Eurocentric enterprise. Korea may provide a promising perspective from which to understand and advance global constitutionalism as a truly global project.
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Publisher: Cambridge University Press
Print publication year: 2018

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