Which People? Whose Constitution? A Comparative Look at Constitutional Founding in Korea and Japan
Professor Hahm examines the process of constitutional founding in South Korea and Japan after World War II. His lecture revisits a number of legal and political issues that were hotly contested by the drafters at the time. Professor Hahm also highlights a more general theoretical problem that confronted efforts to establish democratic constitutional orders for the first time. The lecture raises questions about our received understanding regarding a number of issues, including ideas about the legitimacy of a constitution, assumptions regarding the identity of the sovereign people, and the role of the past in the creation of a new constitutional order.
Hahm, Chaihark, "Which People? Whose Constitution? A Comparative Look at Constitutional Founding in Korea and Japan" (2013). The Morris Lecture in International and Comparative Law. 11.