[Editorial] Constitutional Crisis, National Crisis

The Constitution is the supreme law of a nation, built upon the consensus of the people, who are its legislators, as a necessary standard for the harmonious coexistence of the national community. This is why the government structure and order of values outlined in the Constitution must take precedence over general laws. The Constitution must faithfully perform its role as a nation’s most fundamental law, especially at times when unreasonable laws pose a great threat to social unity.

All democratic nations have a Constitutional Court or a Supreme Court charged with regulating the constitutionality of legislations. The Constitutional Court is the final line of defense against the possible abuse of power by a president or a legislative body, and against the “tyranny of positive law.”

Since the Constitutional Court ruled against the Special Law on Administrative Capital Relocation, those in power have spoken of dissolving the Constitutional Court or replacing its members. Among the four current bills prepared by the government party, which holds more than half of the seats in the National Assembly, the media-related acts and the Private Schools Law have distinctly unconstitutional elements. But the government party is still pushing for their legislation, and not hesitating to pour out derogatory comments that cast the Constitutional Court as an “obstacle to reform legislation.” In a word, the Constitution is under threat.

At such a Constitutional crisis, the launching of the “Constitutional Forum”—represented by lawyer Lee Seok-yeon, who played a key role in convincing the Constitutional Court to rule that the administrative capital relocation was unconstitutional—is of particular significance. We hope that the Constitutional Forum will act as a guardian protecting the constitutional values of trust and predictability, and fighting against the breakdown of national unity. As proclaimed in its inaugural statement, the Constitutional Forum must in no way show leanings toward a particular party or political power. A Constitutional Forum that inclines toward specific political powers can hardly achieve sympathy among the people.

The Constitution must be like a lighthouse on a darkened sea, pointing out the correct way for our society and preventing the social community from capsizing under the brunt of division and confusion. In order to realize the communally sanctioned values of social unity in times of Constitutional crisis, there must be “keepers of the lighthouse” who can step up to protect the Constitution against those who would undermine it. A Constitutional crisis is no other than a crisis for the nation itself.