Dr. Chaihark Hahm

Henry G. Schermers Fellow for the period of 1 September 2009 - 30 June 2010

 Chaihark Hahm is S.J.D. from Harvard University and
an Associate Professor at Yonsei University. Chaihark was born in 1963 in Seoul, South Korea.

Towards a new understanding of constitutional identity in the age of globalisation

During my stay at the Netherlands Institute for Advanced Study (NIAS), I finished two articles. One critically reviewed the theoretical underpinnings of conventional views on constitution-making and the founding of a democratic state. Using the historical cases of constitution-making in Korea and Japan following the Second World War, I argue that ‘We the People’ which purportedly ordains a constitution for its followers, is as much a creation of the constitution as its authors. More specifically, I show that for both the ‘People of Korea’ and the ‘Japanese People’, their concrete identities were formed in complex negotiations with the past, as well as through multi-faceted interaction with external forces, which accompanied the drafting process. The second article deals with the nature and role of constitutional adjudication as a means of enforcing the norm laid down by ‘We the People’. Both have been submitted for review at leading journals of constitutional and comparative law.

Beyond "law vs. politics" in constitutional adjudication: lessons from South Korea