🚨 Constitutional Amendment Discussion: The Meaning and Role of the Constitutional Amendment Process

Today Korean Social News | 2025.04.10

📌 Civil Society Urges Caution on Constitutional Amendment Discussion... "Agree with Necessity but Concerned about Hasty Implementation"

💬 The Citizens' Coalition for Economic Justice (CCEJ) has expressed agreement with the necessity of constitutional amendment while cautioning against hasty implementation. The CCEJ has proposed that each political party present a constitutional amendment roadmap during the presidential election period, and then pursue amendments based on national consensus after the election. At a panel discussion co-hosted by the People's Solidarity for Participatory Democracy and Lawyers for Democratic Society, the importance of public deliberation processes with citizen participation was emphasized.

Summary

• Constitutional amendment is the procedure of modifying the constitution to reflect changing times and society, necessary for guaranteeing citizens' basic rights and improving national operational systems.
• Constitutional amendments follow strict procedures requiring approval by two-thirds of the National Assembly members and confirmation through a national referendum.
• Successful constitutional amendment requires sufficient social discussion and guaranteed citizen participation.

1️⃣ Definition

Constitutional amendment refers to the official procedure of modifying or changing the content of the constitution, the highest law of the nation, to meet contemporary changes and social demands. In simple terms, it is the process of updating the most basic rules of our society and the way the nation operates to fit current realities.

Unlike simple law revisions, constitutional amendments must go through strict procedures and require national consensus and support as an important political process.

💡 Why is it important?

• The constitution guarantees citizens' basic rights and prevents the abuse of state power as a fundamental norm.
• Constitutional amendments that reflect changing times contribute to the development of democracy and the expansion of citizens' rights.
• Constitutional amendment is a significant matter that determines the future vision and direction of the nation.

2️⃣ Procedures and Methods of Constitutional Amendment

📕 Legal Procedures for Constitutional Amendment

• Constitutional amendments follow strict legal procedures. Constitutional amendments follow much stricter procedures than general law revisions. First, there is the proposal stage. The president or a majority of the National Assembly members can propose a constitutional amendment. Second, there is the National Assembly deliberation stage. After a public announcement period of at least 20 days following the proposal, the amendment must be put to a vote in the National Assembly within 60 days. It requires approval by at least two-thirds of the members of the National Assembly. Third, there is the national referendum stage. The amendment approved by the National Assembly must be put to a national referendum within 30 days, and it is confirmed by a majority vote of more than half of all eligible voters. Fourth, there is the promulgation stage. The amendment confirmed by the national referendum must be immediately promulgated by the president. These strict procedures are designed to ensure the stability of the constitution and to encourage careful amendments.

• Citizen participation is a key element in the amendment process. Citizen participation in the amendment process is essential to secure democratic legitimacy. First, public opinion is gathered through public hearings and discussions during the amendment discussion stage. It is important to provide broad participation opportunities so that opinions from various social groups and regions can be reflected. Second, detailed information is provided during the public announcement period so that citizens can fully understand and review the content of the amendment. Third, sufficient explanation and discussion of the amendment should take place before the national referendum. Fair publicity is needed to ensure that both supporting and opposing views are communicated in a balanced manner. Fourth, the national referendum itself is an important form of participation where citizens exercise their direct decision-making rights. Adequate publicity and accessibility to voting are necessary to ensure high voter turnout. Through such citizen participation processes, constitutional amendments can become the product of genuine democratic consensus.

📕 Key Issues in Constitutional Amendment Discussions

• There are several key issues discussed in constitutional amendments. Various issues are raised in constitutional amendment discussions. First, there is the reorganization of government form and power structure. Various options such as a decentralized presidential system or a parliamentary cabinet system are discussed to address problems with the current presidential system. Second, there is the strengthening and expansion of basic rights. Proposals are made to establish new basic rights or strengthen existing ones in line with social changes. Third, there is the strengthening of local autonomy and decentralization. Discussions focus on shifting from a centralized national operation to one that increases the autonomy and responsibility of local governments. Fourth, there is the reflection of economic democratization and social values. Making constitutional values explicit for resolving inequality and promoting social solidarity becomes an issue. Fifth, there is the adjustment of the composition and authority of constitutional institutions. There are discussions about readjusting the authority and responsibilities of major institutions such as the National Assembly, the judiciary, and the Constitutional Court. These issues concern the fundamental operational methods and future vision of the nation, requiring sufficient discussion and consensus.

• There are conditions for successful constitutional amendments. Several conditions are necessary for constitutional amendments to be successful. First, there must be contemporary demands and social consensus. A national consensus on the necessity of constitutional amendment and a broad agreement on its direction must be prerequisites. Second, bipartisan cooperation in the political sphere is important. Constitutional amendment should be approached as a national task for the future of the entire nation, beyond the interests of any single political faction. Third, sufficient time and discussion process must be guaranteed. Hasty amendments can burden future generations, so adequate review and discussion time is necessary. Fourth, a balance between expertise and democracy is needed. The knowledge of constitutional experts and the opinions of general citizens should be harmoniously reflected. Fifth, a transparent and open process must be guaranteed. The entire amendment discussion process should be open to the public, and various opinions should be freely expressed. When these conditions are met, constitutional amendments can lead to genuine development of democracy and enhancement of citizens' rights.

Key Characteristics of Constitutional Amendment

1. Highest Normative Nature: The constitution is the highest law of the nation, and its amendment brings fundamental changes to the national system
2. Strict Procedures: It goes through much more rigorous amendment procedures than general laws
3. Citizen Participation: With the final decision power resting in the national referendum, it has strong elements of direct democracy
4. Political Consensus: Broad consensus across the political spectrum is a prerequisite
5. Contemporary Reflection: It is a process of reflecting changing social realities and values in the constitution
6. Long-term Impact: The effects of the amendment impact not only the current generation but also future generations
7. Historical Significance: It is recorded as an important turning point in a nation's constitutional history
8. International Context: It involves reestablishing constitutional values considering international norms and trends
9. Social Integration Function: It should be directed towards embracing the values and interests of diverse social members
10. Future Orientation: It should contain content that anticipates and responds to future social changes

3️⃣ History and Necessity of Constitutional Amendments

✅ Historical Context of Korean Constitutional Amendments

• The Korean constitution has been amended several times, reflecting historical changes. The Constitution of the Republic of Korea has been amended nine times since its establishment in 1948, with each amendment reflecting the political and social situations of the time. First, the 1948 Constitution established the foundation for the independence and democracy of the Republic of Korea. Second, the amendment after the April 19 Revolution of 1960 introduced a cabinet system to mitigate the concentration of power. Third, the amendment after the May 16 military coup of 1962 returned to a presidential system and granted strong presidential authority. Fourth, the Yushin Constitution of 1972 maximized presidential authority and enabled long-term rule. Fifth, the Fifth Republic Constitution of 1980 introduced an indirect presidential election system with a single seven-year term. Sixth, the current 1987 Constitution, resulting from the June Democratic Uprising, strengthened democratic institutions including direct presidential elections, a single five-year term, and the establishment of the Constitutional Court. There have been criticisms that the current constitution, which has remained unamended for more than 30 years since 1987, does not reflect the social changes that have occurred since then.

• Limitations of the current constitution and the necessity for amendment have been raised. The current constitution, established in 1987, reflected the demands for democratization at that time, but after more than 30 years, several limitations have been pointed out. First, there are issues with the power structure. There is concern about the possibility of power abuse due to excessive concentration of authority in the president, and the lack of continuity in national governance due to the single five-year term has been identified as a problem. Second, there are limitations in guaranteeing basic rights. The protection of basic rights is insufficient in response to new social changes such as informatization, environmental issues, and the development of biotechnology. Third, there is inadequacy in local autonomy and decentralization. The current constitution has brief provisions on local autonomy, limiting the achievement of substantial local decentralization. Fourth, there is a lack of concretization of economic democratization and welfare state ideals. The constitutional basis for responding to deepening inequality and increasing welfare demands is weak. Fifth, there is a need to improve the electoral and party systems. Improvements to electoral and party systems are required to reflect diverse public opinions in politics. These limitations are being raised as reasons for the need to amend the current constitution.

✅ Civil Society and the Constitutional Amendment Process

• The role of civil society is important in the constitutional amendment process. Civil society performs various roles in the constitutional amendment process. First, it contributes to setting the amendment agenda. It plays a role in including social agendas not addressed by the political sphere in the constitutional amendment discussion. Second, it is responsible for gathering and conveying public opinion. It serves as a channel to collect and convey the voices of diverse citizens to the constitutional amendment process. Third, it performs the function of monitoring and criticizing the amendment process. It plays a role in checking that the interests of specific forces are not excessively reflected. Fourth, it contributes to the spread and education of constitutional values. It educates and provides information so that citizens can understand the meaning and importance of constitutional amendments. Fifth, it leads the public deliberation process. It creates a public forum where diverse positions and opinions can be freely expressed and discussed. In this way, civil society serves as an important mediator between the political sphere and the citizens in the constitutional amendment process, enabling democratic and participatory constitutional amendment.

• Citizen participation models for constitutional amendment have advantages and challenges. Constitutional amendment models with direct citizen participation have several advantages. First, they enhance democratic legitimacy. The direct participation of diverse citizens strengthens the democratic foundation of the constitutional amendment. Second, they reflect diverse perspectives. Opinions of citizens with diverse backgrounds including gender, generation, region, and class can be reflected. Third, they move beyond political interests. Discussions based on public interest rather than the interests of specific political factions are possible. Fourth, they enhance citizens' understanding of the constitution. Through the participation process, citizens' understanding of the constitution and their sense of ownership increase. However, there are also several challenges for citizen participation models. First, ensuring the representativeness of participant composition is necessary. Measures to include diverse social members evenly must be prepared. Second, harmony between expertise and citizen opinions is needed. Consideration must be given to how to harmonize the professional content of the constitution with the general views of citizens. Third, designing an efficient discussion process is important. Sufficient discussion and consensus must be facilitated while preventing delays due to inefficient discussions.

4️⃣ Related Terms Explanation

🔎 Constitutional Amendment Bill

• A constitutional amendment bill is a specific modification proposal to change the current constitution.
• A constitutional amendment bill refers to a document containing specific modification content officially proposed to change specific articles or the entire content of the current constitution. Constitutional amendment bills are submitted through proposals by the president or a majority of the National Assembly members. The bill must clearly state the constitutional articles to be changed and their specific modification content. The constitutional amendment bill must be publicly announced by the president for at least 20 days after proposal, during which time citizens can review the bill and express their opinions. After the announcement period, voting takes place in the National Assembly within 60 days, and it is passed with the approval of at least two-thirds of the members. The bill passed by the National Assembly is put to a national referendum within 30 days and is finally confirmed by a majority vote of more than half of all eligible voters who participate in the referendum. The content of the constitutional amendment bill directly affects the basic system of the nation and the rights of citizens, so careful and comprehensive review is necessary.

🔎 National Referendum

• A national referendum is a system where citizens directly decide important political matters through voting.
• A national referendum is a direct democracy system where citizens directly decide their approval or disapproval of constitutional amendments or important national policies. According to Article 130 of the Constitution, constitutional amendments passed by the National Assembly must be confirmed through a national referendum. National referendums target those with the right to vote for National Assembly members and are passed by a majority vote of more than half of all eligible voters who participate in the referendum. A national referendum is the clearest way for citizens to participate directly in political decisions as sovereigns, and it is an important system that complements representative democracy. In addition to constitutional amendments, important policies related to diplomacy, national defense, and unification that affect national security can also be subject to national referendums. Since the results of a national referendum have a profound impact on the future of the nation, sufficient information provision and fair discussion processes must be guaranteed before the vote. Also, a national referendum is a process of forming national consensus beyond simple approval or disapproval, and respect and acceptance of the final result are important for the development of democracy.

🔎 Public Deliberation Process

• The public deliberation process is a procedure where citizens sufficiently discuss and form consensus on important social agendas.
• The public deliberation process refers to a democratic procedure where various stakeholders and general citizens share information, discuss, and form consensus through deliberation on important social agendas such as constitutional amendments. Unlike simple opinion polls or one-time discussions, public deliberation is a process where participants can form and change their opinions through in-depth discussions with sufficient information and time. The public deliberation process usually proceeds through stages of participant selection, information provision, discussion and deliberation, and conclusion derivation. It can be operated in various ways such as citizen participation groups, deliberative polling, citizen juries, town hall meetings, and roundtable conferences. In significant matters like constitutional amendments, the public deliberation process contributes to securing democratic legitimacy through substantial citizen participation and consensus, rather than unilateral decisions by the political sphere. Also, during the public deliberation process, various opinions and values are expressed and coordinated, increasing the possibility of reaching socially integrative conclusions. For successful public deliberation, the representativeness of participants, neutrality of information, fairness of the discussion process, and transparency of result reflection must be guaranteed.

5️⃣ Frequently Asked Questions (FAQ)

Q: How can citizens' opinions be reflected in the constitutional amendment?

A: Citizens' opinions can be reflected in various ways during the constitutional amendment process. First, there are official procedures for gathering public opinion. The National Assembly or the government gathers public opinion through public hearings, discussions, and online platforms during the constitutional amendment discussion process. Second, participation through civil society organizations is possible. Various civil organizations are conducting activities related to constitutional amendments, so citizens can participate in or express their opinions to these organizations. Third, there are citizen-initiated constitutional amendment movements. Although the current constitution does not guarantee the right of citizen initiative, citizens can form public opinion through voluntary movements proposing constitutional amendments. Fourth, participation in the public deliberation process is possible. If a public deliberation process related to constitutional amendments is conducted, citizens can participate as citizen deliberation group members or express their opinions. Fifth, ultimately, citizens can exercise their final decision power through a national referendum. Constitutional amendments passed by the National Assembly must go through a national referendum, where citizens can express their approval or disapproval through voting. In a democratic nation, the constitution should be based on citizens' consensus, so it is important to establish channels through which diverse citizens' opinions can be reflected in the constitutional amendment process.

Q: What political conditions are necessary for a constitutional amendment to be realized?

A: Several important political conditions are necessary for a constitutional amendment to be successfully realized. First, bipartisan consensus in the political sphere is essential. Since constitutional amendments require approval by at least two-thirds of the National Assembly members, it is impossible with the ruling party's power alone, and cooperation with the opposition party is absolutely necessary. Second, the will and leadership of political leaders for constitutional amendment are important. The president or major party leaders must recognize the necessity of constitutional amendment and have the will to actively pursue it. Third, national consensus and support must be formed. Since constitutional amendments ultimately must pass a national referendum, they are difficult to succeed without broad national support. Fourth, the selection of appropriate political timing is important. Constitutional amendment discussions tend to be more active during times of political change, such as after elections or national crises. Fifth, preventing politicization and fostering a culture of rational discussion are necessary. Constitutional amendments should be established as discussions for national development, not as tools for partisan conflict. Sixth, sufficient time and procedural legitimacy must be guaranteed. Rather than hasty implementation, sufficient discussion and review time should be ensured to enhance the completeness of the content and secure procedural legitimacy. Seventh, international situations and relations with neighboring countries should also be considered. Particularly, provisions related to unification are closely related to international situations, so appropriate international conditions are also important factors. When these political conditions are met, constitutional amendments can be successfully pursued, and this will be an important process that goes beyond simple law revision to design the future of the nation.

Q: Why have past attempts at constitutional amendment not been successful?

A: There are various causes why several attempts at constitutional amendment since the current 1987 Constitution have not been successful. First, lack of consensus in the political sphere has been a major cause. The ruling and opposition parties could not narrow their differences on issues such as the direction of power structure reorganization, failing to reach the required two-thirds approval in the National Assembly. Second, there was intervention of partisan interests. Constitutional amendments were pursued or opposed according to the interests of specific politicians or parties, preventing them from being treated as genuine national tasks. Third, there was failure to form national consensus. Sufficient social discussion and national consensus on the necessity and direction of constitutional amendments were not achieved. Fourth, there were issues of timing appropriateness. Constitutional amendment discussions could not maintain continuity as they were overshadowed by other issues such as elections or political crises. Fifth, there were also problems with procedural approaches. Citizen participation was limited as discussions were centered on the political sphere without sufficient public deliberation processes. Sixth, there was excessive ambition regarding the content of amendments. Trying to change too many things at once made it difficult to reach consensus. Seventh, there was also a lack of political leadership. There was a lack of strong leadership to coordinate political differences and persuade the public for constitutional amendments. These past failure experiences are important lessons to consider in future constitutional amendment pursuits, and based on these, more effective approaches should be sought.