Facilitating Korean Reconciliation through Constitutional Law

Damian P. Horigan

This article looks at the so-called Korean Problem or Korean Question from a fresh perspective. Instead of advocating a quick yet costly reunification of Korea along German lines or any specific type of federation, confederation, or commonwealth, a new approach to both Korean reconciliation and possible reunification based on negotiated constitutional change, the symbolic power of constitutions, and the Habermasian concept of constitutional patriotism is proposed. Specifically, the example of the Northern Ireland peace process is presented as an alternative legal model that can be creatively applied to conditions on the Korean Peninsula.

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