Dual-Layer Constitutional Architecture and Interdependence: A System for Surfacing and Reconciling Unspoken Norm Conflict

This work-in-progress paper proposes a dual-layer constitutional architecture for societies facing persistent norm conflict. It separates an ultra-rigid Symbolic Constitution (Layer 1), carrying national identity and foundational commitments, from a flexible Basic Law (Layer 2), carrying governance and operative rights. The two layers are designed as interdependent: Layer 1 can remain exceptionally rigid because Layer 2 bears the adaptive burden, while Layer 2’s entrenched core can be released only through Layer 1. The paper further argues that the Layer 1 amendment procedure should function as an “Arena” for surfacing previously unspoken normative incompatibilities. Its purpose is not to manufacture consensus, but to produce an updated map of where adjustment is genuinely impossible and where unexpected cross-group convergence exists. The model is situated within debates on constitutional amendment, unamendability, constituent power, constitutional identity, and deliberative democracy, and is stress-tested against historical and contemporary cases including Germany, France, Chile, and early-twentieth-century Chinese regime transitions. This repository contains the typeset English PDF and Korean- and English-language Markdown manuscripts. Citation and primary-source verification against original documents is ongoing, as expressly noted in the manuscript.

Authors

Publication Details

Journal
Open Science Framework
Published
2026-09-04
DOI
https://doi.org/10.17605/osf.io/h28wg
Primary Topic
Judicial and Constitutional Studies
Type
preprint
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
preprint

Dual-Layer Constitutional Architecture and Interdependence: A System for Surfacing and Reconciling Unspoken Norm Conflict

Mooyeon LEE
Open Science Framework
Judicial and Constitutional Studies
preprint

Dual-Layer Constitutional Architecture and Interdependence: A System for Surfacing and Reconciling Unspoken Norm Conflict

Mooyeon LEE
preprint en

Abstract

This work-in-progress paper proposes a dual-layer constitutional architecture for societies facing persistent norm conflict. It separates an ultra-rigid Symbolic Constitution (Layer 1), carrying national identity and foundational commitments, from a flexible Basic Law (Layer 2), carrying governance and operative rights. The two layers are designed as interdependent: Layer 1 can remain exceptionally rigid because Layer 2 bears the adaptive burden, while Layer 2’s entrenched core can be released only through Layer 1. The paper further argues that the Layer 1 amendment procedure should function as an “Arena” for surfacing previously unspoken normative incompatibilities. Its purpose is not to manufacture consensus, but to produce an updated map of where adjustment is genuinely impossible and where unexpected cross-group convergence exists. The model is situated within debates on constitutional amendment, unamendability, constituent power, constitutional identity, and deliberative democracy, and is stress-tested against historical and contemporary cases including Germany, France, Chile, and early-twentieth-century Chinese regime transitions. This repository contains the typeset English PDF and Korean- and English-language Markdown manuscripts. Citation and primary-source verification against original documents is ongoing, as expressly noted in the manuscript.

Open Science Framework
Peace, Justice and strong institutions
Judicial and Constitutional Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.