Constitutional Court of Korea

Name: Relocation of the Capital City Case
Author: Constitutional Court of Korea

Summary

“Relocation of the Capital City Case”, is a work by Constitutional Court of Korea. It explores elements such as national referendum, the National Assembly and relocation.

Quotes from Relocation of the Capital City Case (Constitutional Court of Korea)

Constitutional Court of Korea, Relocation of the Capital City Case

“ Even if the fact that Seoul is the capital is a customary practice that has self-evidently been perceived by our people for a long period of time as the majority opinion demonstrates through detailed materials from the aspect of long history and tradition, it may hardly be recognized to have legal conviction, that is, as "something of which all citizens have the cognizance as an enforceable legal norm concerning the Constitution and organization of our nation," as the majority opinion states. ”

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Source: Wikisource

Constitutional Court of Korea, Relocation of the Capital City Case

“ The subject of legislative power is none other than the representative institution that is directly elected by the citizens as representatives of the citizens. The Constitution adopts as a basic form representative democracy as a means to realize the people's sovereignty and free democracy, rendering the representative institution whose democratic justification is endowed upon by election by the citizens, implement the ideology through the legislative function. ”

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Source: Wikisource

Constitutional Court of Korea, Relocation of the Capital City Case

“ Therefore, the concern that some individuals might challenge the constitutionality of each of the national policies by alleging the infringement of the right to vote on national referendum is no more than a groundless apprehension. As long as the limitation upon the right to vote on national referendum is imposed in a reasonable fashion under the requirements of Article 37, Section 2, of the Constitution by way of the statute enacted by the National Assembly, there is no violation of the Constitution. ”

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Source: Wikisource

Constitutional Court of Korea, Relocation of the Capital City Case

“ However, notwithstanding the existence of a written constitution, it is impossible to completely provide without omission for all constitutional law matters in the written constitution, and, in addition, the Constitution pursues succinctness and implication as the basic law of the nation. ”

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Source: Wikisource

Constitutional Court of Korea, Relocation of the Capital City Case

“ The reason the framers of the constitution set forth a far more rigid procedure for the revision of the constitution than the general statute is, to deter arbitrary changes of the substance of the constitutional text, which is an express representation of the will of the sovereign. On the contrary, changes in the constitutional law matters that are not contained in the constitution or the unwritten constitution do not constitute constitutional revision, and may be handled by the general procedure of representative democracy established by our constitution, that is, the enactment of statute. ”

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Source: Wikisource

Constitutional Court of Korea, Relocation of the Capital City Case

“ Here, the identity of the nation means the characteristic nature of the nation, as the source of emotional unification of the nation, which is formed by the composite expression of history, experience, culture, politics, economy, power structure and spiritual symbols, and so forth, of its people. ”

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Source: Wikisource

Constitutional Court of Korea, Relocation of the Capital City Case

“ The establishment or relocation of the capital is the geographical placement of the basis of the nation's organization and structure through determination of the location of the highest constitutional institutions such as the National Assembly and the President, and is thus a fundamental decision by the citizens concerning the nation, and, at the same time, a core constitutional matter that forms the basis for the establishment of a nation. ”

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Source: Wikisource

Constitutional Court of Korea, Relocation of the Capital City Case

“ The reason why customary constitutional laws are recognized and acknowledged is, as the majority opinion indicates, that it is "impossible for a written constitution to completely regulate therein all constitutional law matters without omission." ”

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Source: Wikisource

Constitutional Court of Korea, Relocation of the Capital City Case

“ Such codification of the constitution is to realize, with firm stability that is objectively unchallengeable, the control of state power and the maximum guarantee of human rights intended by the constitution. ”

Constitutional Court of Korea

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Quotes from Relocation of the Capital City Case (Constitutional Court of Korea)

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