Critiques on human rights and comparative law often criticize that an obsession with the universal norm or the “Common Core” erases the diversity and specificity of the local contexts. It is at the same time doubtful, however, that an assertion of “Asian values” could serve as a justification for denying universal human rights to any extent. The ways that tradition or national culture comes into rights practice are more subtle and varied. A constitution is sometimes claimed as an embodiment or representation of national identity and tradition. In other occasions, tradition is challenged as a threat to constitutional rights and principles. This essay examines two illuminating cases adjudicated by the South Korean Constitutional Court Continue reading →