"The Martial Law Crisis Ended Quickly... South Korea's Political System is Solid and Dynamic" [Constitutional Amendment, Connecting the Future]

by Lee Hyeonjoo

Published 04 Mar.2025 07:00(KST)

Updated 04 Mar.2025 07:55(KST)

Carlos-Miguel Herrera, Professor of Law at CY Cergy Paris University, France
France Maintains a Parliamentary System but Is Centered on the Presidency
"We Need to Strengthen Parliamentary Elements"

Editor's NoteThe Constitution of the Republic of Korea is the foundation of the nation and the standard for the lives of its people. The '1987 regime,' symbolizing the last constitutional amendment, is now being called into question. This signifies the need for new standards to redesign Korea's present and future, considering nearly 40 years of change. For members of the National Assembly and political scientists, constitutional amendment is recognized as an inevitable task of the times. The 'social turmoil' triggered by martial law paradoxically revitalized the momentum for constitutional reform. Constitutional amendment has emerged as a key topic across various sectors of society, including both ruling and opposition political circles. Based on diagnoses from former presidents of European countries that have experienced constitutional amendments, as well as political and economic scholars from the United States and Japan, the president of the Korean Constitutional Law Association, and former governors of the Bank of Korea, this article aims to analyze this era of great transformation and sketch a constitutional amendment suited to Korean society.
"If martial law had continued, it would certainly have affected the Korean economy. The fact that the crisis ended quickly shows that Korea's political system is solid and dynamic."

Carlos-Miguel Herrera, Professor of Law at CY Cergy Paris University in France, stated in a written interview with Asia Economy on the 4th, "Emergency systems are inherently unpredictable, and the economy does not like uncertainty."


Born in 1966, Professor Herrera is a distinguished French legal philosopher and public law scholar. He earned his doctorate at Paris Nanterre University with a dissertation on "Hans Kelsen's Legal Theory and Political Theory." He has conducted research on various topics including Hans Kelsen's legal philosophy, socialism and law, Latin America, and constitutionalism. Since 2001, he has been an honorary member of a French university research institute and currently serves as the director of the Center for Legal and Political Philosophy at the university where he teaches.


Carlos-Miguel Herrera, Professor of Law at CY Cergy Paris University, France. Photo provided by the individual.

Carlos-Miguel Herrera, Professor of Law at CY Cergy Paris University, France. Photo provided by the individual.

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Professor Herrera visited Korea in November last year, just before President Yoon Suk-yeol declared martial law. When asked if he sensed the chaotic political situation in Korea at that time, he said, "Whether I felt it directly on the streets or through interactions with colleagues, or monitored the situation via foreign media, it seemed that the president's management of public affairs was 'decisionistic'." He added, "Simply put, (the president) appeared to be someone coming from outside the political sphere, making decisions alone without forming consensus in a more isolated manner."


The concept of a 'monarchical president' is also controversial in France. Although France differs from Korea, which has a presidential system with a dual executive, the 1958 constitutional amendment strengthened presidential powers, allowing the president to take the lead in political affairs. Especially during Emmanuel Macron's second term, presidential concentration and influence have deepened. After winning re-election in 2022, President Macron dissolved the National Assembly in June last year to hold early general elections, broke tradition by appointing a hard-right politician as prime minister instead of the majority party leader, sparking controversy. In December, he processed social security finance legislation without a vote in the lower house, causing severe conflict with the assembly.


Professor Herrera criticized, "President Macron, in his second term, further strengthened the presidential-centered system by reducing the prime minister to a mere collaborator." He pointed out, "Since the president has been directly elected by the people in France, there has been a strong tendency for the president to act as both the leader of the majority party in parliament and head of government. While constitutional balance was somewhat maintained during the three previous cohabitation governments, that is no longer the case."


Before the Fifth Republic in 1958, France was a parliamentary system. After Napoleon Bonaparte, the first president, staged a coup in 1851, forcibly dissolved parliament, and crowned himself emperor, engaging in tyranny, the presidential election was changed to an indirect system and presidential powers were significantly weakened.


The break from tradition was due to domestic and international political circumstances. During the Fourth Republic from 1946 to 1958, more than 20 new cabinets were formed and dissolved repeatedly. The average lifespan of a cabinet was only six months, and public opinion called for political stability. Additionally, the independence of Algeria, then a colony, divided France and brought the threat of a military coup.


Carlos-Miguel Herrera, Professor of Law at CY Cergy Paris University, France. Provided by the individual.

Carlos-Miguel Herrera, Professor of Law at CY Cergy Paris University, France. Provided by the individual.

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At that time, Prime Minister Charles de Gaulle carried out a constitutional amendment in 1958, gaining about 80% public approval, which greatly elevated the president's practical status. As a result, the president became the highest authority and the actual head of state in a transcendent position, not just a symbolic figure for national unity under the parliamentary system. The method of electing the president was changed back to direct election in 1962.


Former President Charles de Gaulle attempted to maintain balance by sharing executive responsibilities with the prime minister as the head of government, but power became concentrated in the president. Professor Herrera explained, "Strictly speaking, France still maintains a parliamentary system constitutionally, but the way the government operates shows presidential characteristics, which some experts in the past described as a 'semi-presidential system.'"


France shortened the presidential term from seven to five years in 2000 and amended the constitution in 2008 to limit the president to two consecutive terms. The term reduction aimed to align the presidential term with that of the National Assembly so that the party producing the president could also control the parliament. Professor Herrera said, "This was presented as an attempt to modernize democracy and adjust the election cycle to better suit modern society." However, he added, "Even after the amendment, presidential powers themselves did not change because the amendment intended to further consolidate presidential power."


Professor Herrera stated, "The French president holds too much power yet is not politically accountable. This is a significant difference from Korea's presidential system, where impeachment has been frequently used since the 2000s." He continued, "Some politicians and constitutional experts, including myself, have long advocated for changes to the executive structure. In particular, I am among those who believe the system of directly electing the president should be abolished."


Professor Herrera argued that France should change its electoral system from a majoritarian system to a proportional representation system and strengthen parliamentary elements. He said, "From a democratic perspective, a parliamentary system best reflects the political choices of society. Although fragmentation in seat allocation may occur, as seen in Germany and Belgium, coalition culture plays an important role."


Like Korea, the French people also have a strong attachment to presidential elections. Professor Herrera said, "Within the political sphere, there is consensus on maintaining the presidential system, so the possibility of changing the system is low. However, among legal scholars, agreement on the need for reform is growing."


Where does the expectation for the president come from? Professor Herrera said, "The expectation for a strong leader is very old and has various reasons, ranging from the concept of divine power to today's view of an unstable world." He added, "Due to globalization of the economy, a mistaken belief has spread that someone successful in business will also succeed in politics. However, this overlooks democracy or at least political rationality."

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