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      • KCI등재

        개헌문제와 민주주의의 규범: 대통령의 개헌발의를 중심으로

        최장집 ( Jang-jip Choi ) 서울대학교 한국정치연구소 2018 韓國 政治 硏究 Vol.27 No.2

        이 글은 문재인정부가 제시한 개헌안의 내용에 관한 것이 아니라, 개헌을 추진했던 방법에 대한 비판을 주제로 한다. 저자는 국회가 아닌 대통령이 중심이 돼추진하는 개헌 자체가 삼권분립의 원리와 충돌하기 때문에 민주주의의 원리와 상충한다고 주장한다. 또한 제헌헌법에 비유될 정도의 의제의 광범함과 헌법심의의 짧은 기간은 위험할 정도로 내용의 부실함을 불러올 수 있다. 동시에 이러한 개헌방식은 개헌안을 중심적으로 다루어야할 국회와 정당은 물론 시민사회 공론장에서 광범한 논의를 필연적으로 어렵게 한다. 이 글은 한국헌법의 틀로서 제헌헌법이 중심적으로 기초하고 있는 미국헌법과 그 제정과정 그리고 헌법수정과정의 사례들로부터 비교의 준거를 찾는다. This paper is a critique concerning the procedural aspect of the constitution amendment in Korea that the President has driven. The scope of amendment agendas also matters because it is as broad as that of the first constitution making, and the time span for deliberation is surprisingly short. As a consequence, they might cause the contents of amentment to bear some serious shortcomings. Furthermore, the amendment procedure, being driven by the President, not the National Assembly, may somehow contradict the principles of separation of power and checks and balances as the basic tenets of constitutional democracy. Such a way necessarily discourages the National Assembly and the party politicians from actively participating in broader discussions and deliberations concerning the agendas of the various amendment proposals, and also minimizing a broader citizen participation in the public sphere of civil society. In order to support his argument the author draws many theoretical and comparative references from America’s constitution making and its amendment processes.

      • KCI등재

        The Fragility of Liberalism and its Political Consequences in Democratized Korea

        Choi Jang Jip(최장집) 고려대학교 아세아문제연구소 2009 亞細亞硏究 Vol.52 No.3

        This paper aims to give a sketch on the role and profile of liberalism in Korean society, particularly in the context of democratic practices. The rightists/conservatives continue to retain their predominant power and influence over the state and civil society, whereas the leftists/progressives have disappointed those who expected an entirely new generation to come to the political center stage. Now liberalism finds its role in an internal need in Korean society, for liberalism as a political doctrine and principle is now needed to reinforce democracy. In this paper, I suggest that liberalism is believed to offer the necessary political principle, values and norms in some crucially important areas, including limiting the abuse of executive power, preventing a backlash to authoritarianism, enhancing the autonomy of civil society, protecting individual rights and liberty, and extending individual rights and welfare to socially and economically alienated groups.

      • KCI등재
      • KCI등재

        노동 없는 민주주의로의 전환

        최장집(Choi Jang-Jip) 고려대학교 아세아문제연구소 2006 亞細亞硏究 Vol.49 No.2

        This Study aims to analyze the failure of Japan Socialist Party (SP) in terms of the nature of party system in Japan. the 1955 system which has allowed the Liberal Democracy Party (LDP) to sustain its long and stable dominance in the Post-WWII Japanese politics was finally disintegrated in 1993 when the LDP fell so far short of a majority that it was unable to form a government in lower house election. One of the most important features of party system in Japan is that the organized labor cannot represent their interests and passions through a united party in the Japanese politics. In this regard, we can characterize the nature of party system in Japan as ‘democracy withou labor.’ An important point is that the failure of Socialist Party cannot be analyzed without considering the nature of party system in Japan as democracy without labor.<br/> This study focuses on the two variables, the effect of Cold War and the role of the state with a well-developed bureaucracy in analyzing the failure of Socialist Party. The political competition between LDP and SP under the 1955 system was not simply a political competition between two rival parties but a political competition between a pro-system party to have strong commitment to the preservation of the existing constitutional structure and an anit-system party to represent particular interests from a radical wing of the organized labor. Thus, the nature of LDP as a hegemonic party can be understood in this context of ideological dominance of anti-communism under the Cold War. With the effect of Cold-War, another important factor influenced the nature of LDP as a hegemonic party is the role of strong state and bureaucracy. They have played a crucial role in making the Cold War and anti-communism to have hegemony beyond functioning as a mainstream ideology as well as constructing the Post-WWII party system in Japan.

      • KCI등재

        [기획논문 : 동아시아 공동체] 동아시아 공동체의 이념적 기초 - 공존과 평화를 위한 공동의 의미지평

        최장집(Choi Jang Jip) 고려대학교 아세아문제연구소 2004 亞細亞硏究 Vol.47 No.4

        This article aims to examine why East Asian Peace Community is needed for common security and peace in the region and what are the conditions for its attainment. In the recent years the North Korean nuclear problem has become one of the most important and urgent issues in international politics. Nonetheless, the cogent theoretical discussions for this issue in the academic circles have been rare in the context of how to build a stable peace and common security system. Considering that the discussions about East Asian community building with a focus on regional economic integration are numerous, this is quite paradoxical. The subject can be approached from many perspectives, but this article examines from the Korean Peninsula's perspective, particularly focusing on the relationships among South Korea, United States, and Japan. In doing so, this article emphasizes the positive role of Japan in the common efforts to build a regional peace community during the post-Cold War period, criticizing the negative role under the U.S.-Japan alliance during the Cold War era and asking her to take a more responsibility and a stronger initiative. For this new role Japan is needed to make a positive choice supported by a clear political vision and the goals and values which are coexistensive with peace, means that she continues, Unfortunately, however, the chance for Japan to take a new course quite different from that in the previous era is highly unlikely. Therefore, the prospects for building a peace community in the region under the second Bush administration are quite gloomy. At the same time, this article does put the emphasis on the concept of common space of meaning which means a sharing understanding among peoples and elites in the region that the most important among many interests is the security interest and the value of peace, rather than a sharing consciousness of East Asian identity as such.

      • KCI등재후보

        [기획논문] 한국 민주주의의 제도디자인 서설

        최장집(Choi Jang Jip) 고려대학교 아세아문제연구소 2003 亞細亞硏究 Vol.46 No.4

        The purpose of this article is to examine preconditions of institutional reform that would nurture the development of Korean democracy. Proposals and suggestions have been made since the country's transition to democracy in 1987 to introduce institutional arrangements for redressing the polity's defects. They have been brought up on political discourse in the context of partisan calculation, anti-corruption, neoliberal rendering of politics, and anti-regionalism. As a result, discussions on institutional reform tend to ignore deeper sources of the new democracy's instability such as a cartelized party system with tenuous ties to social cleavages. Instead of searching for a remedy from the institutional menu, I provide an account of three principles for institutional design-participation, representation, accountability--that would serve as yardsticks against which the quality of democracy is measured. Emphasis on those three principles indicates my understanding that institutional reform should not be directed toward specific institutional alternatives imported from outside the existing polity. Rather, our attention must be paid to democracy as a complex set of partial regimes that address various dimensions of social conflict. Preoccupation with institutions themselves can be misleading in our search for better government. Institutions need to be working as well as democratic. For us to have workable institutions it is important to deliberate on social and political conditions into which exogenous institutions are embedded. Institutional reform must be pursued in a minimalist way, and how to organize a reasonable deliberation on institutional reform is an open, more important question.

      • KCI우수등재
      • KCI등재

        한국 민주주의와 광주항쟁의 세 가지 의미

        최장집(Choi Jang Jip) 고려대학교 아세아문제연구소 2007 亞細亞硏究 Vol.50 No.2

        This paper aims to reexamine the meaning of the Kwangju Uprising from the vantage point of the Korea's experience of new democracy for twenty years. The Uprising in 1980 is evaluated by the three stages for the evolving democracy. The first of the three is the transition from the authoritarian rule to democracy; the second is the consolidation of democracy; and the third is the Kwangju's legacy that can be interpreted in terms of a prospect which to bring about a robust development of Korea's democracy. No doubt, the view that the Uprising was the principal source of democratization in Korea is widely shared, and it is definitely correct. But the important question is the way in which how the Uprising is understood. In this sense the discourse regarding the Uprising is crucially important and is closely related with the current feature and the state of today's democracy. The spirit of the Uprising has been the source hardly to be dried up for the social movement not only in the course of democratization during the 1980s but also in its aftermath. With the demobilization of movement for democracy the grand discourses like 'nation(Minjok),' 'de mocracy(Minju),' and 'people(Minjung)' have inevitably declined. Nevertheless, among others the discourse of 'people' has been almost disappeared after the democratic consolidation. The paper emphasizes that the people discourse is the most important one for making Korea's democracy more robust and take root in the broader social strata. Today the disenchantment with democracy is widely spreading out general public. Democracy has not been so efficacious that it has failed to bring about substantive results more or less to redress the economic difficulties caused by the neoliberal globalizaton. The meaning and ideal of democracy is not circumscribed by the meaning attended with the notions of democratic transition and consolidation. The spirit of the Uprising does also exert an enduring influence on the people's efforts to realize and broaden socio-economic citizenship. And this effort can centrally be carried out by political parties whose development is on the political agenda of the high priority. This is the most important legacy of the Kwangju Uprising, with a particular emphasis on the discourse of people.

      • KCI등재

        한국 민주주의의 현주소 ; 제도적 실천으로서의 민주주의

        최장집 ( Jang Jip Choi ) 민주화운동기념사업회 2006 기억과 전망 Vol.15 No.-

        운동에 의한 한국에서의 민주화는 민주화 이후 민주주의의 실천에 있어 커다란 유산을 남겼다. 운동을 경험한 젊은 세대의 많은 사람들은 민주주의를 일종의 운동으로서 이해하기 때문에 민주주의가 부여하는 정치적 공간을 활용하는 데 매우 느리고 미숙하다. 정치 및 정당정치의 제도화와 이를 통한 정치적 실천은 이미 민주화이전 권위주의체제하에서 패턴화되었기 때문에 그들은 정당정치와 정치행위에 대해 부정적 인식을 갖는다. 한국정치에 있어 반정치주의는 운동에 의한 민주화의 유산인데, 또한 그것은 최근년에 헤게모니로 등장한 강력한 신자유주의의 영향과 결합되면서 더 강화되었다. 한국에 있어 정당과 대통령의 역할은 민주주의를 운영하는 데 있어 결정적으로 중요하다. 그럼에도 불구하고 이들은 사회의 다양한 이해관계에 기초하여 사회경제적 정책을 형성하고 문제를 해결함에 있어 미숙하고 커다란 문제를 드러내고 있다. 선거에서 문제가 되는 것은 이제 민주적 정당성과 도덕성이 아니라 정부를 운영할 능력이 중심적인 가치로 등장하고 있다. 운동의 경험을 갖는 많은 사람들과 정당정치인들은 점증하는 민주정부와 민주정치에 대한 실망에 대응하면서 대통령제도 및 정치제도개혁을 통해 문제를 해결하려는 경향을 강하게 드러낸다. 이러한 접근은 문제를 좋은 정치적 실천을 통해서가 아니라 제도개혁을 통해 해결하려는 것으로 문제의 원인을 잘못 이해한 것이다. 그것은 민주주의의 발전에 전혀 도움이 되지 못한다. 문제의 핵심은 민주주의가 부여하는 정치적 공간과 제도를 좋은 정치적 실천을 통해 활용하는가 하는 것이다. Democratization in Korea by movements has left indelible imprints in the development of democracy. Many people, particularly those who had experienced the movements for democracy, tend to understand democracy as a kind of movement for democracy, and are very slow and immature in learning how to exploit the newly opened democratic political space. Because they had understood party politics patterned under the authoritarian rule quite negatively in the same vein they are also negative of political activity through party politics. Negative vision toward politics and party bringing with it anti-politicalism has been ever more strengthened with the rise of neo-liberalism in Korean society. The role of party politics and president is crucially important for the development of democracy. Nonetheless, they are in a big trouble, if not a crisis, and are visibly incompetent in the democratic political processes including the articulation of social cleavages and interests, the setting of political agendas, the formulating of social-economic policies, and the policy performance. Now in the electoral competitions the central issue is nor democratic legitimacy and moral authority but competence. Facing the mounting disenchantment among the electorate to the government and democracy itself as well some people strongly imbued with democratic passions and party politicians-especially ruling party`s-have proposed a constitutional revision concerning the president`s terms and authority in an effort to cope with sharply rising political discontents. Such an institutional approach to political reform is misguided, wrongly understanding where the real problems are. The central issue is that the people who is eager to develop democracy find a way in which they develop party politics in the political space and electoral arenas.

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