입헌독재론: 칼 슈미트(Carl Schmitt)의 주권적 독재와 한국의 유신헌법

So far, most studies of constitutionalism were done in way such that constitutionalism is so far the same as liberal democracy. In western political history, it is a fact that the latter has developed with the former as a selective affinity but the two political concepts are not necessarily same. Because not only constitutional liberal democracy but constitutional dictatorship can also have relevancy in the aspect of either the political theories or the real political systems as well. As the survival of each national state faced catastrophic situations of politicalcrisis, all democratic states revealed the authoritarian figures through several dictatorial decision making styles, even though such a political behavior has been maintained over the duration of the crisis. In a nutshell, both the modern democracy and the political dictatorship may be analogized as twins that were born from the same womb. On the basis of that hypothesis, this article examines another aspect of constitutionalism by focusing on the reasoning of Carl Schmitt's sovereign dictatorship. Furthermore, it has another aim which is to critically reinterpret the political principle of the 'Eu-shin' Constitution during Korea's fourth republic that seems to have been influenced greatly by Carl Schmitt's political theory of sovereign dictatorship.