Constitution of North Korea
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politics and government of
The Socialist Constitution of the Democratic People's Republic of Korea is the constitution of the Democratic People's Republic of Korea (DPRK), commonly known as North Korea. It lays out the framework of the national government and the functions of the ruling state party, the Workers' Party of Korea in relation to the Cabinet and Parliament. The constitution is divided into 166 articles, split between three sections.
1948 People's Constitution
The original North Korean constitution was based on the 1936 constitution of the USSR. This constitution was adopted at the first Supreme People's Assembly (SPA) in September 1948. Joseph Stalin personally edited the constitution alongside Terentii Shtykov, de facto Soviet governor of North Korea, in Moscow. Some articles were later rewritten by Soviet supervisors. Under the 1948 constitution, the Supreme People's Assembly (SPA) was the highest organ in the state, while the Presidium of the SPA was responsible for initiating action and policymaking. The 1948 constitution became obsolete when it was replaced by a new constitution in 1972.
1972 Juche Constitution
Proposing a DPRK new constitution had been discussed as early as 1960. However, in the changing international environment meant that North Korea could no longer postpone a constitutional revision. This can be seen in Kim Il-sung’s speech at the first session of the fifth Supreme People's Assembly on December 25, 1972:
"...our realities today urgently demand the establishment of a new socialist constitution legally to consolidate the great achievements of our people in the socialist revolution and building of socialism and lay down principles for the political, economic, and cultural spheres in socialist society"
Under the new constitution, Kim Il-sung became the President of the DPRK. He became the head of state serving as commander of the armed forces and chairman of the National Defense Committee, he had the power to issue edicts, grant pardons, and conclude or abrogate treaties. Under the old constitution, there was no one designated as the head of state. The chairman of the Presidium of the Supreme People’s Assembly represented the state which followed the Soviet practice. The constitution makes excessive references to the Juche ideology, leading Christopher Hale to conclude that "it would be accurate to call the constitution a Juche constitution".
1998 Kim Il-sung Constitution
2009 Songun Constitution
The new, amended in 2009 version of DPRK Constitution is called the "Songun Constitution. It is six articles longer than the previous version adopted in of 1998. Section 2 of Chapter VI “Chairman of the National Defence Commission” is entirely new and the said post was constitutionally declared to be the supreme leader of North Korea. In Articles 29 and 40 (Economy and Culture respectively) the word 공산주의 ("communism") was dropped.
2012 Kim Il-sung–Kim Jong-il Constitution
The Constitution was again amended in 2012 during the 5th Session of the 12th Supreme People's Assembly (SPA) to include changes in the preamble that states the legacy of Kim Jong-il in nation building and North Korea being a "nuclear-armed state". Accordingly, the Constitution was named the "Kim Il-sung–Kim Jong-il Constitution". Section 2 of Chapter VI, and several articles and provisions were revised accordingly due to provisions of Articles 91 and 95 that provide for constitutional amendments that are to be done by the SPA in its plenary sessions.
The Constitution was amended in June 2016 which replaced the National Defence Commission with the State Affairs Commission placing Kim Jong-un as head of state.
The constitution establishes North Korea's official name and its status as a socialist state. Article 12 defines the country as a "dictatorship of people's democracy" (a wording that closely follows the Chinese model of the people's democratic dictatorship) under the leadership of the Workers' Party. It provides for civil and political rights, such as freedom of expression, the right to elect officials, the right to a fair trial, and freedom of religion. It asserts the right of every citizen to work, education, food, and healthcare.
In practice, however, these rights are limited by Article 81, which requires that all citizens "firmly safeguard the political and ideological unity and solidarity of the people," and Article 82, which requires that citizens observe "the socialist standards of life."
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- Constitutionalism in Asia: Cases and Materials By Wen-Chen Chang, Li-ann Thio, Kevin YL Tan, Jiunn-rong Yeh
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