여기 헌법의 최종 수호력에 대하여: 12･3 비상계엄 이후 사법형식성 문제와 시민총파업의 이념

This article begins by using the situation in which the Constitutional Court, which was granted a self-evident status as an institution to protect the Constitution after the 12･3 martial law, has not yet set a date for its ruling on whether to impeach the President, as a major opportunity to increase understanding of ‘the Political’. The purpose of this article is to examine the fundamental contradictions of the democratic constitution, in which emergency measures legally established to eliminate the crisis of the democratic republic are used as violent tools to seize sovereignty and dismantle democracy, and to overcome the exceptionalist black hole, as well as the source of power and specific cases of manifestation for such overcoming. In Chapter II, the delay in the formal judicial resolution of the Constitutional Court is analyzed from the perspective of criticism of the compromise ‘polycracy’ and the immunity that inevitably accompanies it. The theory of the civil strike, which begins in Chapter III and ends in Chapter IV, deals with the four ideologies of the civil strike, which is not a deadlock in the closed-door deliberation of the ‘Constitutional Court’ or an exceptional and decisive emergency right of the ‘one-man executive’, but rather a right of resistance for the self-defense of citizens. In this way, Chapter IV examines the four ideologies of the civil strike as conditions for reconstructing the ultimate defense of the Constitution here after the 12･3 self-coup.