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The Constitutional Court and Freedom of Expression

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Authors
Youm, Kyu Ho
Issue Date
2001
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.1 No.2, pp. 37-70
Abstract
The 1987 Constitution underscores the crucial role of courts in freedom-of-expression jurisprudence in connection with judicial independence and activism in a democratic Korea. This is especially the case with the growing impact of judicial review upon the broadened notion of freedom of expression as a constitutional right. On the premise that freedom of expression is firmly embedded in Korea’constitutional law, this Article explores the question how the Constitutional Court has drawn the lines in reconciling individual rights to free expression with community interests since 1988. It first analyzes the textual framework on freedom of expression under the Constitution and then examines the defining decisions of the Constitutional Court on freedom of expression in Korea. The study concludes that the

Constitutional Court has contributed immeasurably to institutionalizing freedom of expression as a permanent fixture of Korean democracy, although it tends to be self-consciously restrained in invalidating

politically sensitive statutes.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/85040
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 01 Number 1/2 (2001)
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