문형배 : 관용과 자제가 없다면 민주주의는 발전할 수 없다

[석수]

문형배 헌법재판관

“관용과 자제가 없다면 민주주의는 발전할 수 없다”
Without tolerance and restraint, democracy cannot develop.


Without tolerance and self-restraint, Democracy is not able to develop anymore.


Democracy is ever changing; it is a promise that must constantly be fulfilled. And this is what makes it stand out from autocracy. Democracy may not be perfect, but it is always perfectible.


Democracy is ever changing, staying true to human nature



Democracy is always becoming and never is.
민주주의는 영원히 완성될 수 없는 과업이다.

https://youtu.be/4DElwyPGUxU?si=8eUAv-fCyfKVc9sB

Moon Kyung-bae emphasizes tolerance and restraint as keys to democracy's growth

Moon Kyung-bae highlights the importance of patience and understanding for the advancement of democracy.


Acting Chief Justice Moon Kyung-bae said on the 17th, “Without tolerance and restraint, democracy cannot develop.” He added, “The 12·3 state of emergency exceeded tolerance and restraint, according to the Constitutional Court's judgment.”

On the same day, Acting Chief Justice Moon spoke at a special lecture held for students at Inha University Law School. Regarding the impeachment trial of former President Yoon Suk-yeol, he stated, “Whether it exceeded or did not exceed tolerance and restraint (is the criterion for judgment),” adding, “The (opposition party's) impeachment motion did not cross that line, while the state of emergency did, according to the Constitutional Court's judgment.”


https://www.linkedin.com/pulse/democracy-ever-changing-promise-must-constantly-fulfilled-

Democracy is ever changing; it is a promise that must constantly be fulfilled

Democracy is ever changing; it is a promise that must constantly be fulfilled. And this is what makes it stand out from autocracy. Democracy may not be perfect, but it is always perfectible.




Ladies and Gentlemen,

It is a great pleasure to celebrate with you the tenth anniversary of the Athens Democracy Forum. This week also marks another anniversary: 25 centuries ago, one of the most powerful fleets in human history appeared in the waters right in front of Athens. A foreign empire was attacking the free cities of Greece. But in the strait of Salamis, the Greek alliance achieved an unlikely victory against a much stronger enemy.

Historians and poets described that war in very clear terms: For the first time in history, autocracy attacked democracy. And autocracy failed, while democracy prevailed. In the words of Aeschylus, the Greeks ‘tore the yoke apart' because they were ‘slaves to no lord'. Unlike their foes, the Greeks were fighting not for the greed of a single man, but for their own freedom.




Today, once again, a democracy fights for its own survival against the aggression of a foreign autocrat.



Russia's attack against Ukraine is yet another battle in a war that has been raging for 25 centuries. The war of autocracy against democracy. And I am deeply convinced that democracy will prevail.


But it is also sobering to see that the tragedies of the past keep repeating themselves, and that too many, in Europe, have underestimated the threats both outside and inside our borders. Here in Europe, we saw democracy spread across the continent, decade after decade, wave after wave. When Greece, Spain and Portugal freed themselves from authoritarian rule. When the Iron Curtain was torn down and the wind of change blew all across Europe. And then in 2003, when in this very hall, our Union welcomed ten new members to the family.

For more than 70 years, our continent has marched incessantly towards democracy. And many of us started to believe that Europe and all humanity would keep advancing naturally towards freedom and peaceful cooperation. We started to take democracy for granted. Today, we realise that history does not always move in a straight line. There are setbacks and comebacks. And it is every generation's task to fight for democracy.

It is our generational task to help Ukrainians as they fight for their right to determine their own future. It is our task to protect our democracies from Russian blackmail and from the interference of autocracies. And it is our task to help strengthen all democracies in Europe.




The values that inspired the founders of Athenian democracy should still guide us today. The idea that power belongs to citizens. The idea that we are all equal before the law. The idea that free speech is a fundamental right. This is the immortal gift that Greece has given to the world.

Yet ancient democracy was far from perfect or complete. Only free men could walk the road that led from this place, the Agora, to the Pnyka, where the assemblies took place. Women like me were not allowed to speak their mind and cast their vote. The Pnyka is only one kilometre away from here. And yet it took thousands of years before women could finally reach it and vote. Obstacles still stand in women's way towards full equality.

Today, we know that democracy does not end at the ballot box. Democracy also means equal pay for equal work. It means equal responsibilities and equal rights when it comes to care or career. Democracy means equal access to power, be it in politics or in business.




Voting rights for women were not the finish line, but a new beginning towards a perfect democracy. This is the essence of democracy. It is always open for change. It always seeks new horizons. There is one concept from Aristotle that fits perfectly to democracy. It is the idea of dynamis, or potentiality.



Democracy is ever changing; it is a promise that must constantly be fulfilled. And this is what makes it stand out from autocracy. Democracy may not be perfect, but it is always perfectible.


Take Ukraine. When we granted Ukraine the status of candidate to joining our Union, some objected that Ukrainian democracy may still be too young. But since the Maidan protests of 2014, Ukraine's democracy has grown so much.

In a few years, it has reformed more than in the previous decades. It has set up anti-corruption institutions. It has adopted first laws to break the oligarchs' grip on Ukraine's economic, political and public life. Its civil society has conquered new space and holds the government to account. And the country's institutions are now passing the ultimate stress test of war. Most of this progress has been achieved because the people of Ukraine have Europe in their hearts and their minds. And the same is true for our friends in Albania, in North Macedonia and across the Western Balkans. It is true for Moldova and Georgia, who have also asked to join our Union.



Once again, the wind of change is blowing across our continent.


Ladies and Gentlemen,

All democracies are constant work in progress, including inside our Union. The European Union was built on the promise of ‘unity in diversity'. But this promise has yet to be achieved in full. The path towards full equality for all citizens is still long.

Racism and antisemitism have not disappeared. And in parts of our Union, minorities are not always respected. LGBTIQ rights continue to be violated. The rule of law and the independence of the judiciary are still challenged. We have seen judges stripped of their immunity, or driven out of office without justification. And serious concerns have been raised on corruption. These developments are against our values, against our Treaties and against our democracy. And as guardian of the Treaty, it is our obligation to act. It is up to us to continue the work of our founders. And we have come such a long way.