After democratization in 1989, Korea has experienced a new phenomenon, judicialization of politics. And its main actor was the Korean Constitutional Court. As a result, it became necessary to reunite two previously separated approaches found in politi...
After democratization in 1989, Korea has experienced a new phenomenon, judicialization of politics. And its main actor was the Korean Constitutional Court. As a result, it became necessary to reunite two previously separated approaches found in political science and jurisprudence. Furthermore, in the context of Korean politics, we also need to analyse the role of the Constitutional Court among a lot of political actors.
Facing these theoretical and practical necessities, my study, first, aims totunderstand various approaches in political jurisprudence which analyse judicial activities in the view of social science. And my study also aims to analyse the role of the Constitutional Court in public concept of land policy from Roh Tae Woo administration to Kim Dae Jung adminstration.
In Roh administration, in order to solve serious housing problems political elites made a " public concept of land policy", the goal of which was to stabilize the price of real estate including land and to facilitate the supply of housing for people. But this endeavor of Roh adminstration and the elected politicians in Congress became confronted with the constitutional challenges. After all, the Constitutional Court refused to strike down the statue relating to public concept of land policy. But i