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legality is relative term to rules and constitution of the country. North Korea is totally dominated by the government therefore sets its own rules. Whatever g

by dimas 17y ago

legality is relative term to rules and constitution of the country. North Korea is totally dominated by the government therefore sets its own rules. Whatever government does is considered to be legal because they make it to be so.

zck 17y ago
Well, a government has to follow its own laws. For example, the U.S. government could conceivably bring its troops into a house under gunpoint and have them sleep the night there. It wouldn't be legal, since it's directly against the Third Amendment.
- mattm 17y ago
  "When the president does it, that means that it is not illegal" - Richard Nixon
  - jrockway 17y ago
    "It all depends on what the meaning of the word 'is' is." - Bill Clinton.
- ugh 17y ago
  That's what's called rule of law and it is, regretably, not as common as one might think. Especially dictatorships often had and have some kind of law that allows the dictator to do anything. You could call it rule of law minus one. One person who is exempted from the rule of law is enough to bring the whole system down. Strange, how fickle the rule of law seems to be.
- anigbrowl 17y ago
  A republican or democratic (small-r/d) government does. North Korea essentially has government by fiat, and its parliament is purely decorative.
DrJokepu 17y ago
Legality assumes that the source of the power of the government is legal. These days it is generally accepted worldwide that the only legal source of power for a government is the one that originates from the people. Most countries are democratic, at least in name. There are only a very few despotic countries left (where the source of the power is the "Grace of God" both de jure and de facto). North Korea claims to be a democratic country, however the government is clearly not elected democratically at all so the acts of of the government can hardly be called "legal". The government of North Korea isn't fairly elected and is probably in power against its citizens' will. The only way they can remain in power is by the application of violence. Of course, it is still a good idea for North Koreans to do whatever their governemnt calls "legal" given that they have to power to enforce it. But the fact that I have the power to mug the neighbour kid and I call it legal doesn't make it legal.
- gloob 17y ago
  These days it is generally accepted worldwide that the only legal source of power for a government is the one that originates from the people. Citation? Perhaps sociologists or philosophers accept that, but governments certainly don't. If they did, North Korea wouldn't be generally recognized as an independent country. Since it is, and since the current government there is generally recognized as such, it's legal.
  - DrJokepu 17y ago
    For source, see the constitution of pretty much any country that claims to be democratic. Most of them state explicitly one way or other that the exclusive source of power is the people.
    - gloob 17y ago
      Well, here's a potentially-relevant quote from the North Korean constitution: Comrade Kim Il Sung elucidated the fundamental principles of nation building and State activities, established the best State and social system, the best mode of politics and system and methods of administering society, and laid solid foundations for the prosperity of the socialist motherland and for the continuation and consummation of the revolutionary cause of Juche. Regarding “The people are my God” as his maxim, Comrade Kim Il Sung always mixed with the people, devoted his whole life for them and turned the whole of society into a large family which is united in one mind by taking care of the people and leading them through his noble benevolent politics. The great leader Comrade Kim Il Sung is the sun of the nation and the lodestar of national reunification. Here's another: As a veteran statesman in the world, Comrade Kim Il Sung opened up the new era of independence, carried out energetic activities for the strengthening and development of the socialist movement and the non-aligned movement as well as for world peace and for friendship among the peoples and made an imperishable contribution to the cause of human independence. Comrade Kim Il Sung was a genius in ideology and theory, a master of leadership, an ever-victorious iron-willed brilliant commander, a great revolutionary and politician and a great man. And one more for the road: Article 4. The sovereignty of the Democratic People’s Republic of Korea resides in the workers, peasants, working intellectuals and all other working people. The working people exercise power through their representative organs―the Supreme People’s Assembly and local People’s Assemblies at all levels. Note that this last one is phrased as a statement of fact, and not as an imperative given to the government. That is to say, "North Korea's government is derived from the public", and _not_ "North Korea's government should be derived from the public". I will concede that these snippets are taken from the 1972 constitution, which has since been revised a couple of times. However, given the addition of an article declaring Kim Jong-Il to be Supreme Leader in the 2009 constitution, I suspect what the North Korean government is doing is entirely legal, unless you are suggesting that they are somehow bound by (e.g.) the U.S. constitution. EDIT: Ooh, here's another good one: Article 11. The Democratic People’s Republic of Korea shall conduct all activities under the leadership of the Workers’ Party of Korea. So, it would actually be illegal for the current government to not be the current government. They are legally obligated by their constitution to maintain the dictatorship.

by dimas 17y ago

zck 17y ago

Well, a government has to follow its own laws. For example, the U.S. government could conceivably bring its troops into a house under gunpoint and have them sleep the night there. It wouldn't be legal, since it's directly against the Third Amendment.

mattm 17y ago
"When the president does it, that means that it is not illegal" - Richard Nixon
- jrockway 17y ago
  "It all depends on what the meaning of the word 'is' is." - Bill Clinton.
ugh 17y ago
That's what's called rule of law and it is, regretably, not as common as one might think. Especially dictatorships often had and have some kind of law that allows the dictator to do anything. You could call it rule of law minus one. One person who is exempted from the rule of law is enough to bring the whole system down. Strange, how fickle the rule of law seems to be.
anigbrowl 17y ago
A republican or democratic (small-r/d) government does. North Korea essentially has government by fiat, and its parliament is purely decorative.

DrJokepu 17y ago

Legality assumes that the source of the power of the government is legal. These days it is generally accepted worldwide that the only legal source of power for a government is the one that originates from the people. Most countries are democratic, at least in name. There are only a very few despotic countries left (where the source of the power is the "Grace of God" both de jure and de facto). North Korea claims to be a democratic country, however the government is clearly not elected democratically at all so the acts of of the government can hardly be called "legal". The government of North Korea isn't fairly elected and is probably in power against its citizens' will. The only way they can remain in power is by the application of violence. Of course, it is still a good idea for North Koreans to do whatever their governemnt calls "legal" given that they have to power to enforce it. But the fact that I have the power to mug the neighbour kid and I call it legal doesn't make it legal.

gloob 17y ago
These days it is generally accepted worldwide that the only legal source of power for a government is the one that originates from the people. Citation? Perhaps sociologists or philosophers accept that, but governments certainly don't. If they did, North Korea wouldn't be generally recognized as an independent country. Since it is, and since the current government there is generally recognized as such, it's legal.
- DrJokepu 17y ago
  For source, see the constitution of pretty much any country that claims to be democratic. Most of them state explicitly one way or other that the exclusive source of power is the people.
  - gloob 17y ago
    Well, here's a potentially-relevant quote from the North Korean constitution: Comrade Kim Il Sung elucidated the fundamental principles of nation building and State activities, established the best State and social system, the best mode of politics and system and methods of administering society, and laid solid foundations for the prosperity of the socialist motherland and for the continuation and consummation of the revolutionary cause of Juche. Regarding “The people are my God” as his maxim, Comrade Kim Il Sung always mixed with the people, devoted his whole life for them and turned the whole of society into a large family which is united in one mind by taking care of the people and leading them through his noble benevolent politics. The great leader Comrade Kim Il Sung is the sun of the nation and the lodestar of national reunification. Here's another: As a veteran statesman in the world, Comrade Kim Il Sung opened up the new era of independence, carried out energetic activities for the strengthening and development of the socialist movement and the non-aligned movement as well as for world peace and for friendship among the peoples and made an imperishable contribution to the cause of human independence. Comrade Kim Il Sung was a genius in ideology and theory, a master of leadership, an ever-victorious iron-willed brilliant commander, a great revolutionary and politician and a great man. And one more for the road: Article 4. The sovereignty of the Democratic People’s Republic of Korea resides in the workers, peasants, working intellectuals and all other working people. The working people exercise power through their representative organs―the Supreme People’s Assembly and local People’s Assemblies at all levels. Note that this last one is phrased as a statement of fact, and not as an imperative given to the government. That is to say, "North Korea's government is derived from the public", and _not_ "North Korea's government should be derived from the public". I will concede that these snippets are taken from the 1972 constitution, which has since been revised a couple of times. However, given the addition of an article declaring Kim Jong-Il to be Supreme Leader in the 2009 constitution, I suspect what the North Korean government is doing is entirely legal, unless you are suggesting that they are somehow bound by (e.g.) the U.S. constitution. EDIT: Ooh, here's another good one: Article 11. The Democratic People’s Republic of Korea shall conduct all activities under the leadership of the Workers’ Party of Korea. So, it would actually be illegal for the current government to not be the current government. They are legally obligated by their constitution to maintain the dictatorship.