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Making we the people : democratic constitutional founding in postwar Japan and South Korea /
"What does it mean to say that it is 'we the people' who 'ordain and establish' a constitution? Who are those sovereign people, and how can they do so? Interweaving history and theory, constitutional scholar Chaihark Hahm and political theorist Sung Ho Kim attempt to answer...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
New York, NY :
Cambridge University Press,
2015.
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| Colección: | Comparative constitutional law and policy.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Half-title; Series information; Title page; Copyright information; Epigraph; Table of contents; Acknowledgments; Introduction; 1 The Unbearable Lightness of the People; Charisma and Its Discontents; External Others: "Autonomy Syndrome"; A Right Not to Be Second-Guessed?; A Republic If You Can Make It; The Outsider Who Wouldn't Quit; Past Legacies: "Tabula Rasa Syndrome"; God Is Dead, Long Live the People!; Der Mann ohne Eigenschaften: The People Without Qualities; Many Lives of the Past; People's Boundaries: "We the People" Unbounded; Free to Choose Who We Are?
- Making People Out of NecessityFacio ergo sum: We the People Make Therefore We Are the People; Constitutive Constitutional Politics; Time, Space, and the People Bounded; Popular Sovereignty, Constitutional Founding, and People-Making; 2 War and Peace; Overbearing Outsiders; Japan's Farewell to Arms; Bootstrapping Peace: MacArthur as Foreign Lawgiver; Swallowing Peace: Japanese Government's Acquiescence; Manipulating Peace: "San Francisco System" and the Yoshida Doctrine; Embracing Peace: "1955 System" and the Peaceable People; Korea's Tale of Two Cities.
- Idealism Meets Realism: Economy Chapter and Vested PropertiesPreemption: Regime Legitimacy and Land Reform; Realignment: Free Enterprise and Regional Integration; Present at the Creation; 3 The Ghost of Empire Past; Unmasterable Pasts; The Japanese Emperor's New Clothes; The People's Emperor between Past and Future; A Paper Revolution by Necessity; The King Who Would Be People; Symbol Emperor and Useable Pasts; The Once and Future Republic of Korea; Leveling the Constitutional Ground; Effacing the "Double Tyranny"; Judiciary and Legal Continuity; Power-Sharing and Transitional Justice.
- Revolutions and Restorations4 A Room of One's Own; Shifting Boundaries; Seeing Like an Empire; The Origins of the Household Registration System; Registering Taiwanese as Japanese Subjects; Integrating and Differentiating Koreans Within the Empire; To Live and Die as the Emperor's Equal Subjects; Dismembering the Japanese Empire; Predetermining the Human Boundary through Election Law; Negotiating the People and Its Boundary through the Constitution; Post-Constitutional Settlement of the Human Boundary; Dividing the Korean Peninsula; Separating Peoples by Vesting Properties.
- Draft Constitutions and the Division at the 38th ParallelUnited Nations and Election Laws; The Birth of the Constituent People and the Household Registration System; Impositions, Legacies, and "We the People"; Conclusion; Note on Romanization and Sources; Bibliography; Glossary; Index.