Although the Korean understanding of human dignity as an abstract constitutional value is little different from that in other jurisdictions, the way it has been operationalized in Korean shows interesting nuances that will reward comparative analysis. The establishment in 1988 of the Constitutional Court of Korea opened a new era of constitutional jurisprudence on human dignity. This chapter features a critical analysis of the various ways in which the Court has interpreted the clause “dignity and worth as human beings” in the Korean Constitution. The Court seems to oscillate between, on the one hand, regarding the clause as an abstract general principle and, on the other, using it to derive concrete justiciable rights. The chapter then discusses the different modes of interaction between the constitutional ideal of human dignity and the larger social, political, and cultural milieu of modern Korea. The focus is on those cases in which human dignity grounded challenges to the constitutionality of certain rules and practices rooted in Confucian tradition. This chapter highlights the ongoing negotiation between Western liberal ideals and Korea’s local cultural norms and values.

CONSTITUTIONALISM AND THE IMPORTANCE OF CIVIC VIRTUE

These days, we are apt to combine the two terms “democracy” and “constitutionalism” and talk about “constitutional democracy,” without giving much thought to the nature of the relationship or connection between the two. If we do think about it, however, we will find that there is something of a tension between the two. For democracy usually refers to a form of politics in which the people are the source of power and legitimacy, and it is thus associated with the idea of majority rule. Of course, this is not the whole story, and there may certainly be other, more sophisticated conceptions of democracy. Yet, by and large, it is intimately associated with the ideas of self-rule and selfdetermination through various forms of participation in the political process.

Constitutionalism, on the other hand, refers to the notion of regulating and restraining the political process and government power according to some higher norm that cannot be changed even if the majority wants to change it. It is grounded in the idea that there are some things that are so important that they should be protected against the majority will, which is bound to be always changing and may even be fickle. Of course, in a democratic polity, constitutions can always be amended or revised by the people.