@article{ART001638481},
author={KwonYoungsol},
title={Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2012},
number={54},
pages={39-66}
TY - JOUR
AU - KwonYoungsol
TI - Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda
JO - DONG-A LAW REVIEW
PY - 2012
VL - null
IS - 54
PB - The Institute for Legal Studies Dong-A University
SP - 39
EP - 66
SN - 1225-3405
AB - The present paper purports to portray the rapid changes in the nature of constitutional law from the global perspectives. In fact the last decade of the preceding century saw the migration of constitutional ideas and institutions, remarkable both in quantity and quality, across legal systems, culminating in what might be called “convergence of constitutions”. One might hardly deny that basic principles of liberal democracy pervade most part of the world, the tenets of human dignity and related rights extend the horizon ever, and the constitutional courts find themselves largely converged on common interpretations.
Moreover these phenomena of migration and convergence occur not only across national jurisdictions, but also between and among the national and the supranational level, as in the case of EU. At the same time the evolution of this kind gave rise to the changes in the normative characteristics of the constitutional law, from individual/special to universal/general. It is to be submitted that the advent of information society, globalization, and democratization are the undeniable three factors that engineered the great transition and the paradigm change.
As the title of the paper is more or less self-explanatory, a few aspects of the constitutional law were dealt with, in as much as they have some bearings on the discourse the writer attempted to bring forward at this juncture, such as the endurance of constitutions, dramatic changes in sovereignty, constitutionalization of international law, evolving nature of fundamental rights, and lastly intergenerational conflicts. It is believed that the present paper is only a preliminary exposition of constitutional developments as we move into the turn of the century.
KW - migration of constitutions;methods of comparative constitutions;sovereignty;Treaty of Westphalia;governance;conflicts between fundamental rights;intergenerational conflicts
DO -
UR -
ER -
KwonYoungsol. (2012). Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda. DONG-A LAW REVIEW, 54, 39-66.
KwonYoungsol. 2012, "Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda", DONG-A LAW REVIEW, no.54, pp.39-66.
KwonYoungsol "Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda" DONG-A LAW REVIEW 54 pp.39-66 (2012) : 39.
KwonYoungsol. Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda. 2012; 54 : 39-66.
KwonYoungsol. "Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda" DONG-A LAW REVIEW no.54(2012) : 39-66.
KwonYoungsol. Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda. DONG-A LAW REVIEW, 54, 39-66.
KwonYoungsol. Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda. DONG-A LAW REVIEW. 2012; 54 39-66.
KwonYoungsol. Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda. 2012; 54 : 39-66.
KwonYoungsol. "Constitutional Discourse at a 21st-century Crossroad : Challenging Agenda" DONG-A LAW REVIEW no.54(2012) : 39-66.
