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The Dynamics of Knowledge Circulation

Cases from Korea

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Edited By Eun-Jeung Lee and Marion Eggert

The book is about the evolution and transformation of knowledge and knowledge systems in the context of cultural contact. The articles take Korea as an example and deal with the configuration, dissemination and consolidation of knowledge in certain contexts of the past and present. Combining philological and social scientific approaches, this book is the result of a joint research project of the Korean Studies institutes at Freie Universität Berlin and Ruhr University Bochum pursued between 2009 and 2014.

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Hannes B. Mosler - Translations of constitutional ideas: the genesis of the ‘Free Democratic Basic Order’ in Germany, Korea, and Taiwan

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Hannes B. Mosler

Translations of constitutional ideas: the genesis of the ‘Free Democratic Basic Order’ in Germany, Korea, and Taiwan

Abstract How does the circulation of legal ideas, norms, and institutions happen and why? The chapter deals with these questions focusing on the “free democratic basic order” formula in the constitutions of Germany, South Korea and Taiwan. The analysis scrutinizes the constitutional norms of the three countries in respect to their semantic, historical, and teleological dimension.

How does the circulation of legal ideas, norms, and institutions happen and why? In this paper, I give an answer to these questions in regard to the “free democratic basic order (freiheitliche demokratische Grundordnung)” in the Republic of Korea (Korea) and the Republic of China (Taiwan). The constitutional formula “free democratic basic order” (fdBO) was coined in Germany when drafting the Basic Law in 1949. There, it depicted the nature and scope of principles fundamental to the democratic system, and constituted the core of what was to be defended against: actors exploiting the openness and tolerance of democracy to harm parts or remove the whole of the polity’s democratic system. While many constitutions around the world contain one or another kind of self-defense mechanism, there are only a few polities that explicitly use the fdBO formula. The East Asian polities of Korea and Taiwan are two of these rare exceptions. Their use of the formula is related to the fact that both polities were exposed...

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