Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here


No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Frontiers of Law in China

As a social norm, law in a democratic society should be established in the form of positive law by collecting opinions of people. In order for the rule of law to be properly practiced in a democratic country, the doctrine of separation of powers requires that the legislative, executive, and judicial functions should not be consolidated in a single body. However, even within a perfectly established legislative system, the principle of the rule of law may be distorted depending on the role of the judiciary. The experience of the Korean judiciary shows that even though it is designed to be a completely independent organ of the lawmaking National Assembly and the law-enforcing executive branch; it would fail to properly give effect to the country’s governing principle of the rule of law. It may be thought that the fundamental reasons lie in the endemic tendency towards the rule of man in East Asian societies. Nowadays, those who received education in a democratic society without experiencing the authoritarianism have begun to make inroads into the leadership of the judicial branch. They can be firmly determined to prevent freedom and rights of every single person from being infringed upon. In this way, they can be confident that the judiciary has fulfilled its roles in shaping a democratic country where the rule of law is exercised properly as a governing principle.

Affiliations: 1: Chief Justice of the Supreme Court of the Republic of Korea (Sep. 2005–Sep. 2011)and Distinguished Professor at Korea University School of


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Frontiers of Law in China — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation