대한민국 ‘도래할’ 헌법의 정치철학 ‒‘새로운 시작’과 ‘인민헌정주의’‒

Taking seriously Hannah Arendt’s constitutional thinking as a theoretical framework, this paper debates what should be political and legal philosophy of ‘constitution to come’ in South Korea. In this discussion, two concepts are cental: ‘a new beginning’ and ‘popular constitutionalism.’ Highlighting the revolutionary spirit of candle protests in 2016 and 2017 against the political and economic corruption in the Park Geun Hye government, it will develop a threefold discussion: First, the constitution to come should function as defining ‘a new beginning’ of South Korea ruptured from its unacceptable past. Second, ‘popular constitutionalism’ compatible with the idea of ‘post-sovereignty’ should be the foundation of ‘the constitutional order to come.’ Third, ‘popular constitutionalism’ should be the foundation of interpreting constitution laws and issues. Finally, I argue that the best way to preserve the revolutionary spirit in the constitution to come is to open a variety of institutional channels for ordinary citizens in the process of constitution-building, which make them ‘co-authors of the constitution to come.’