법제도 선진화를 위한 헌법적 과제

One might argue that against the backdrop of crosscutting national development for the past half a century, constitutional law and politics in Korea seem to be at a crossroad. How and in what direction the Korean constitutionalism might be navigated is a task confronting us all at this juncture. The postwar era saw the emergence and spread of liberal democratic paradigms of constitutionalism in many parts of the world, let alone Korea, mostly by way of cross-fertilization of ideas. New paradigms indeed are characterized mainly by comparative constitutional law. As Ran Hirschl has rightly put it, we have been through 'the heydays of comparative law' to the point of 'renaissance of constitutional law'. This again gave rise to the concept of "the migration of constitutional ideas". These and other topics were attempted to be dealt with in the present keynote speech/article with a view to putting forward pivotal areas of constitutional issues in Korea in the years to come. In the segment pertaining to the sovereignty, the speaker/writer purported to analyze the great transition taking place in the paradigms or tenets of the 'state' and 'sovereignty', with tentative exposition of himself - "from the Westphalian System to the Lisbon System (?). He shares the basic postulations of Trudy Jacobsen on the changing dimensions as to sovereignty, in that the traditional meanings have been worn away in face of the contemporary challenges at both the domestic and international levels. Other issues such as the changing nature of civil liberties and other rights especially with the advent of the new technologies, and the perception of the inter-generational contract, are also dealt with.