The natural law of the Constitution

In my youth, I argued about Japan's aggression on the website of Mensa. I am not a member of Mensa. A parent said that it is understandable considering Japan's natural conditions such as earthquakes. The parents tried to make me aware of the logic of understanding and relativity. But he wasn't talking about the minimum that humans should keep.

 

Natural law refers to the absolute ethics that humans must abide by, no matter how the times and environments change. Violations of natural law are acts that destroy human society, and the concept of forgiveness and amnesty does not intervene in such acts. However, natural laws are often violated because actions between states are dominated by the logic of power that has no control other than conscience and morality. And for the weak, whose natural legal rights have been violated, it remains forever as a counterattack(kings wrath).

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In the early days of modern German law, positivist constitutional scholars such as Hans Kelsen and Georg Jellinek became the mainstream of the constitutional academia related to the political paradigm. For this reason, justification is given as long as it is made into a positive law, resulting in neglect of natural law. Later, constitutional scholar Carl Schmitt advocated the deterministic constitutional study that the decisive will of the powerful is unconditionally correct. Decisive constitutionalism affects Nazism along with positivist constitutionalism. In other words, it means that bad laws should be followed.

 

Later in Germany, there was criticism of formal rule of law centered on actual law as a reflection on Nazism's human rights abuses. And the legal principle of human-centered practical rule of law emerged, creating human-centered legal logic. However, since German law was inherited by Japanese law and Korean law was inherited by Japanese law, Japan and Korea have a conservative attitude that does not comply with German changes in human rights or natural law issues.

 

In fact, legal personnel located in Korea's political area are talented people who embody the legal sentiment of Karl Schmidt and legal positivists. During the Park Chung-hee administration, a legalist constitutional scholar like Hans Kelsen named Park Il-kyung created the Yushin Constitution. And for quite a while, Carl Schmidt's deterministic constitutional studies have become a trend in the Korean legal community. Therefore, I think that the idea of human rights or natural laws has been neglected.

 

In reality, there are many things that should not be done in international relations. Japan's invasion of Korea, Russia's invasion of Ukraine, China's expansionism, and even more ancient European imperialist aggression policies. It is also a state act that should never be made a choice, but it is a fundamental unethical act that violates natural laws that have no concept of forgiveness.