Show Less
Restricted access

Lost and Found in «Translation»

Circulating Ideas of Policy and Legal Decisions Processes in Korea and Germany

Series:

Edited By Eun-Jeung Lee and Hannes B. Mosler

This book analyzes policy translation and its ends, how the concept of translation explains the emergence and (ex-)changes of policy ideas in different places and/or across borders in general, as well as the effectiveness of this concept in analyzing cases of actual policy dissemination. This book discusses these questions on a general theoretical level and within the context of actual policies and laws mainly between South Korea and Germany. South Korea is widely considered a typical example of a reforming country that is on the receiving end of disseminations of policies and ideas from advanced countries. From this point of view, it constitutes a highly interesting case for testing the applicability of the translation approach. The basic idea of this book is to analyze how different actors in different contexts and settings adopt varying interpretations and understandings of an idea, and how well the analytical concept of translation can be utilized for this endeavor.
Show Summary Details
Restricted access

(5) The Transplantation of the German Constitutional Provision on Political Parties in South Korea

Extract

*

Abstract This chapter analyzes the adoption of the Korean constitutional provision on political parties in the year 1962 as a way of exemplifying the kind of role that the transplantation of Western constitutional provisions played in the modernization of developing countries.

1. Introduction

The German theory of the party state (Parteienstaat) has substantially influenced post-1960s Korean constitutions, in the process being extended and strengthened to such a degree that the Korean constitution of 1962 even granted political parties a monopoly on all political activity. This tendency to overemphasize the party state, although mitigated nowadays, is still well alive in certain areas of Korean law, such as those pertaining to political parties, elections, and political funding.

A critical analysis will hereinafter be conducted of how the German constitutional provision on political parties (Article 21 of the Basic Law) was transplanted1 into the Korean constitution. A mere textual comparison of Article 21 ← 91 | 92 → and the 1962 Constitution would, however, not suffice to achieve the goal of this study. In order to go beyond such a mere textual comparison, and in order to avoid being led into making hasty conclusions, it will first of all be necessary to reconsider the methodology of comparative legal studies.

Korea’s first modern constitution did not address the existence of political parties. The introduction of a constitutional provision on political parties was a response to the growing role of political parties in mass democracy. It is therefore...

You are not authenticated to view the full text of this chapter or article.

This site requires a subscription or purchase to access the full text of books or journals.

Do you have any questions? Contact us.

Or login to access all content.