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Accomplishing Separation of Powers for Liberal Democracy: Focusing on the Development of Judicial Branch

  • Civil Society and NGO
  • 2011, 9(1), pp.129~169
  • Publisher : The Third Sector Institute
  • Research Area : Social Science > Social Science in general > Other Social Science in general

Kim, Sung-soo 1

1한양대학교

Candidate

ABSTRACT

The role of judicial branch has increased since the democratization of Korea and consequently, become a major counteractor toward other branches. This paper analyses the strengthening process of judicial branch based on liberal point of view through dealing with the features and relative limits of judicial branch comparing to other branches in terms of lacking constituents and organization. the basic assumption of this paper is that the expansion of judicial branch is necessary to promote liberal democracy. This paper takes comparative method using two countries such as Korea and the United States system to verify how this changes affects and evolves in practical political domain. The tension between other branches such as executive and legislature, liberalism and republicanism,democracy and constitutionalism, judicial activism and judicial restraint will be elaborated.

Citation status

* References for papers published after 2024 are currently being built.

This paper was written with support from the National Research Foundation of Korea.