[Editorial] Why Constitutionalism Is Shaken

It is exceptional that the Korean Bar Association strongly criticized the reform polices of the government. The KBA adopted the resolution composed of 5 articles to criticize the reformation methods of the government at the `lawyers conference advocating the rule by the law.`` The KBA indicated that the government`s reform policies have compromised the constitutionalism that requires of the fairness and righteousness, eventually brought about tremendous social disturbances, obligating much more social cost.

The participants of the lawyers` conference denounced the ruling of this government by power rather than law and the consequent unreasonable forced reformation. It is especially noteworthy that the official resolution was made by KBA that has 4600 lawyers as its member. Considering the consensus process of KBA, the resolution seems to reflect the national sentiment considerably.

The goals and justifications of the reform policies of the government such as the medical reformation, the education reformation, and the press reformation were very clear. There is no excuse. However, the problem has been the procedures and methods. The ruling sectors have appealed to the public sentiment when they needed it. As a result, the disputes about the direction of reformation and the following counter plans have continued, causing social disturbances.

During the past 4.13 general election, the government virtually supported the illegal movement for the rejection of candidates by the civic organizations in the pretext of the political reformation. Considering the method, timing, and the way to include the cost of free newspapers in the reception expenses, the press tax probe cannot be understood as `a normal measure` as the government insists.

The `forced reformation` has increased the distrust of the people on the law execution. As Choi Jong-Young, the Chief Justice of the Supreme Court, pointed out, the current situation is that particular individuals or groups interrupt the legal execution of the law for their own benefits and even criticize the judgments by the law, appealing to the public opinion. The president of the Constitutional Court, Yoon Young-Chul, also indicated the chaotic situation by the struggles of one against another and the consequent negligence of the law.

Therefore, it cannot be understood that the ruling New Millennium Democratic Party severely denounced KBA that the resolution of KBA shows the ``organized protest of the conservative privileged class.`` The fact that the law is not an implement for the ruler`s necessity cannot be overemphasized. The regulation should be for the benefits of everyone. That is the basic principle of the constitutionalism and the reformation can be accomplished only in this context.