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@article{ART002052233},
author={Manhee Jeong},
title={A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System)},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2015},
number={69},
pages={1-41}

TY - JOUR
AU - Manhee Jeong
TI - A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System)
JO - DONG-A LAW REVIEW
PY - 2015
VL - null
IS - 69
PB - The Institute for Legal Studies Dong-A University
SP - 1
EP - 41
SN - 1225-3405
AB - This study reviews the unconstitutionality of the introduction of the open primary system, relating to the constitutional provisions of political parties and then suggests a desirable the democratic system for party nomination because democratic process of party nomination is a core task of intra-party democracy, and changing this process would reform party politics in Korea. Although would be possible to introduce the U.S. primary system as a means of reforming the process of candidates nomination from each party for public elections, doing so could violate the freedom of each political party to legalize an open primary. We should be cautious about introducing the open primary system because it restricts the freedom of political parties and party members’ rights of association because the Korean constitution currently protects these freedoms more than the U.S. constitution does. Thus, in order to establish a democratic system for selecting candidates, Korea should instead opt for a bottom-up, secret-ballot election system where members of each party can vote for their preferred candidate. In addition, any reform should restrictively allow the participation of general voters within each party in a way that does not infringe upon their freedoms. Therefore, it would be unconstitutional to legalize a completely open primary, not a closed primary as is enforced in most states of the U.S. To improve the candidate nomination system in Korea, it is necessary to clarify that the process of party nomination is a compulsory provision, and to enact a legal remedy when the provision is violated under the current Public Official Election Act. If there is a reason to allow participation of the general voters in the primary system, it would be in an effort to increase participation of party members in the process.
KW - Political party’s candidate nomination;Open primary;Closed primary;Freedom of political party;Intra-party democracy
DO -
UR -
ER -

Manhee Jeong. (2015). A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System). DONG-A LAW REVIEW, 69, 1-41.

Manhee Jeong. 2015, "A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System)", DONG-A LAW REVIEW, no.69, pp.1-41.

Manhee Jeong "A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System)" DONG-A LAW REVIEW 69 pp.1-41 (2015) : 1.

Manhee Jeong. A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System). 2015; 69 : 1-41.

Manhee Jeong. "A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System)" DONG-A LAW REVIEW no.69(2015) : 1-41.

Manhee Jeong. A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System). DONG-A LAW REVIEW, 69, 1-41.

Manhee Jeong. A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System). DONG-A LAW REVIEW. 2015; 69 1-41.

Manhee Jeong. A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System). 2015; 69 : 1-41.

Manhee Jeong. "A Constitutional Review of the Introduction of the Open Primary System (Comprehensive National Primary Election System)" DONG-A LAW REVIEW no.69(2015) : 1-41.