Tasks and Functions of the Constitution and the Constitutional Amendment

In the periodically recurring discourse on constitutional amendment, the debates have primarily focused on the contents and practical timetable while the necessity and urgency of amending the current Constitution have been assumed. However, it demonstrates a lack of proper consideration of what functions the constitution fulfill, and what specific implications and tasks of the current Constitution, which has endured longer than its predecessors. Before diving into the debates on the constitutional reform agendas and timetable, it is important to examine the tasks and functions of the constitution. Only when the current Constitution is not properly fulfilling those tasks or functions, should we first explore the possibility of expanding or changing the established interpretation of the current Constitution. After that, we may proceed with discussions on constitutional amendment or reform. First of all, a constitution functions to establish order, organize the State structure, limit and control power, guarantee individual liberty, establish the principles to which the State should aspire, stabilize the community, unite the people, give the people an understanding of the community and common life, and connect the State to the international order. We should first examine how these constitutional functions are being fulfilled by the current Constitution. Also, it should be noted that constitutional amendments should aim for a sustainable order by setting a fundamental framework for the State. Given this, we must solve constitutional problems within the framework of the existing Constitution as much as possible. In light of Korea’s constitutional history, which has been marked by the misuse and abuse of constitutional amendments and discontinuity, the current Constitution, which has effectively served its functions since democratization, should be considered for defense rather than amendment. Nevertheless, if the current Constitution is to be amended, we must carefully consider what changes are necessary to extend its legitimacy and maintain its continuity and coherence, in terms of the aforementioned tasks and functions. Public engagement in the constitutional amendment process should begin at an early stage, such as during agenda setting. Provisionally, as feasible agendas for forthcoming discussions on amending the current Constitution, this article suggests revising constitutional provisions that contradict the tasks and functions of the constitution, addressing constitutional responses to the challenges of the new era, and reforming the power structure and its controlling mechanisms. Ultimately, future discussions on constitutional amendments should aim to maximize public participation to expand democratic legitimacy, ensure the continuity and coherence of the current Constitution, and pursue amendments in a reformative rather than a revolutionary manner.