Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-09T08:32:45.466Z Has data issue: false hasContentIssue false

14 - Authoritarian Legality after Authoritarianism

Legal Governance of Parties and Elections before and after Democratic Transition in South Korea

from Persistence of Authoritarian Legality after the Transition to Democracy

Published online by Cambridge University Press:  14 July 2020

Weitseng Chen
Affiliation:
National University of Singapore
Hualing Fu
Affiliation:
The University of Hong Kong
Get access

Summary

The Republic of Korea (ROK) was designed as a Cold War democracy. It started as an electoral regime with formal commitments to democratic values, but institutions designed to keep the state secure also imposed limits on domestic political struggle. From the ROK’s founding in 1948 to the political liberalization of 1987, the political system shifted between orders that might be labeled more democratic or more autocratic. A legal framework for governing party and electoral politics emerged in the country’s first fifteen years. This framework includes rights and restrictions related to formation of parties, conditions for disbanding parties, stipulations concerning party organization and activities, laws on monitoring elections, and detailed rules on election campaigns. Elections thus came with an elaborate legal structure, even as rulers – to varying degrees – deployed extra-constitutional and extralegal measures for dealing with opponents. Why were such laws developed and did they matter? What was their fate after the democratic transition? These questions point to broader themes related to authoritarian legality. Can an authoritarian regime make a commitment to rules governing electoral and party politics? Why would it make such a commitment? And why would it revoke one? What happens to that legal framework after a democratic transition?In this chapter I examine the various tools that have been used to govern the political sphere from the country’s establishment to the present. I trace the construction of the legal framework and weigh the significance of this framework versus other tools for governing parties and elections in different time periods. My main theme is a striking continuity in the legal framework guiding party and electoral politics. In particular, I point to the way legal innovations that reached their final form in 1963 under Park Chung Hee became the basis for governance of post-1987 democracy. Given the illiberal purpose of the framework, this continuity stands in sharp contrast to the liberalism that pervades many sectors of contemporary South Korean society. Through the South Korean example, this chapter points to ways that structures associated with authoritarian legality may persist beyond the political conditions in which they were created.

Type
Chapter
Information
Authoritarian Legality in Asia
Formation, Development and Transition
, pp. 364 - 386
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×