ABSTRACT

The judicialization of politics, ‘the reliance on courts and judicial means for addressing core moral predicaments, public policy questions, and political controversies’, is one of the most significant phenomena of late twentieth and early twenty-first century government (Hirschl 2010: Ch. 8, 119). Through newly acquired judicial review powers or constitutional adjudication, national high courts worldwide have resolved policy issues, even ‘mega-politics’ issues such as a nation’s core policy (executive branch prerogatives); regime change (electoral politics); restorative justice; and questions of nationhood (Hirschl 2006: 723). In Korea, this phenomenon has been led by the Constitutional Court of Korea (KCC) through constitutional adjudication (J. Kim 2008).