north korea's government

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political rights

political rights

rights which protect the ability of individuals to participate in the government

examples of political rights

voting, free speech, free media

constitution

a set of laws which “governs the governors”

article 66

states that citizens have the right to elect and be elected

authoritarian government

a concentration of power in a leader who is not constitutionally responsible to the people.

authoritarianism

the principle of blind submission to authority, as opposed to individual freedom of thought and action.

how nk does not implement rule of law

the constitution states that the chairman of the state affairs commission is the “supreme leader”, which grants the highest level of authority to kim jong un. all state power and authority is invested in him.

→he has final say in all political matters, and his words are low. thus, he is above the law

how nk implements rule of law

the existence of a judiciary which is subject to the laws of north korea implements the philosophy of rule of law.

however, the one ideology system which essentially states that the nation must be politically loyal to the supreme leader creates bias in the judicial arm, thus the judicial system is corrupt.

how are political rights implemented

elections every 5 years give citizens the right to vote

→elections give freedom of speech

→however, there is only one candidate.

→voting against kim or not voting at all is considered an act of rebellion

how are political rights not implemented

→citizens lack freedom of expression, state’s authorities have suppressed it by making citizens follow the law out of fear.

→surveillance and punishment are social control mechanisms

→if someone is caught expressing their opinion against the state, they can be heavily fined, executed or relocated to political camps.

how are elections implemented

a constitution exists in nk

→however, it is not implemented in many ways.

(such as the breach of political freedom)

how are elections not implemented

→the constitution guarantees a range of rights and freedoms

→such as the right to be elected

however, only candidates approved by the worker’s party are allowed to run for office, and since the worker’s party is committed to the one ideology system

→thus, there is no point in elections.

political participation

the involvement of the majority of citizens in the decision making process of their government

→elections, protests

how is popular participation implemented

elections give citizens the opportunity to participate in their government

however, elections are incredibly corrupt as only one candidate is allowed to run.

how is popular participation not implemented

all speech that is against the north korean government is considered rebellious and therefore illegal as it is against the values of the one ideology system.

→with addition to extreme punishments such as execution or political imprisonment, extended and immediate family for the next three generations are punished with hard labour in political prison. this is to make sure that any negative speech about the govt is suppressed as much as possible.

separation of powers

the organisation of powers in such a way that prevents the concentration of power.

how separation of powers is implemented

the three arms exist in north korea, the judiciary, executive and legislative, and they each have their own roles.

how separation of powers is not implemented

-powers are not completely independent

→for example, the executive can impact the choices of the judiciary, creating bias in the choices made in court, thus making the judiciary corrupt and unfair.

north korea’s legal system

→the ruling worker’s party of korea + government

what is the law in north korea designed to do ?

maintain power and authority in the government, rather than to protect individual rights and freedoms

introduction

-North Korea’s government restricts all civil and political liberties for its’ citizens, including political freedom, political rights, and proper implementation of elections,

-This impacts rights as citizens are not free of their own opinions or values/beliefs and are controlled using only fear and manipulation.