| Description |
1 online resource. |
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text file |
| Series |
Comparative constitutional law and policy
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Comparative constitutional law and policy.
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| Summary |
"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 these perennial questions by revisiting the constitutional politics of postwar Japan and Korea. Together, these experiences demonstrate the infeasibility of the conventional assumption that there is a clearly bounded sovereign 'people' prior to constitution-making which may stand apart from both outside influence and troubled historical legacies. The authors argue that 'we the people' only emerges through a deeply transformative politics of constitutional founding and, as such, a democratic constitution and its putative author are mutually constitutive. Highly original and genuinely multidisciplinary, this book will be of interest to scholars of comparative constitutionalism as well as observers of ongoing constitutional debates in Japan and Korea"-- Provided by publisher. |
| Contents |
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? |
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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. |
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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. |
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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. |
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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. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Constitutional history -- Japan.
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Constitutional history. |
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Japan. |
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Constitutional history -- Korea (South)
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Korea (South) |
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LAW -- Constitutional. |
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LAW -- Public. |
| Genre/Form |
Electronic books.
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Electronic books.
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| Added Author |
Kim, Sung Ho, 1966 November 9-
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| Other Form: |
Print version: 9781107018822 110701882X (DLC) 2015020956 (OCoLC)910310278 |
| ISBN |
9781139088480 (electronic book) |
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1139088483 (electronic book) |
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9781316429068 (electronic book) |
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1316429067 (electronic book) |
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9781107018822 (hardback) |
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110701882X (hardback) |
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