By Bernard Rowan
Several events have occurred in the United States and Korea that prompt confusion of citizens concerning the rule of law. President Donald Trump worked very hard to challenge the results of his unsuccessful reelection bid. He's held much-needed economic relief funds hostage to the idea they're inadequate.
Finally, he's pardoned a host of friends and associates guilty of many crimes, raising howls and cries galore. In South Korea, President Moon Jae-in has apologized for confusion surrounding the failed attempt to punish and prosecute Yeon Seok-youl, the prosecutor general.
Arguably, these matters relate to politics, the contest for power among opposing groups and rival interests. More importantly, they reflect aspects of the rule of law. The rule of law in both Korea and America safeguards against dodgy politics and more generally the ebb and flow of what's popular and who is in power.
Trump may go down in history as one of America's worst presidents. His abdication of national leadership over the COVID-19 war and refusal to work with America's languishing governors and mayors is a signal of failure. His effort to undo a free and fair election, his turning a blind eye to Russian computer hacking and his support for cronies puts him in the league with Grant and Harding. He's having the Army Corps of Engineers work apace to finish his boondoggle border wall. The list goes on and on.
Commentators note Moon's reform efforts may have gone too far. Beyond the enmity between his justice minister and the prosecutor general lies the public interest, not only in public prosecution but in the integrity of ministers and their family members' dealings. Sadly, nearly every Korean national government has faced one or more prosecutions over corruption during incumbency or after the leader's term has concluded.
However, the rule of law requires openness to accusations of illegal acts. It also requires respect for appeals that seem to go on forever. That at the end of the day the courts have dismissed Trump's futile and often ridiculous claims about elections also is part of the rule of law. Having one's day in court is no small thing and the place of courts in living democracies is absolutely essential.
Likewise, democratic leaders have the power of pardons and reprieves. It doesn't mean that executive leaders use it only by plebiscite or to free or commute the sentences of the popular. Courts matter, but not all court sentences stand up to reason. We can adduce examples of similar actions by any number of democratic leaders in the United States, popular and otherwise. Trump may try for a gold medal in the scope of his pardons and commuted sentences. Many of the pardons induce nausea and indignation. However, rule of law allows for executives to draw exceptions. This shows that no branch of government is beyond checks and balances.
Trump and Moon both face the passing of their terms of office. Each can claim successes and failures. Moon as a leader has accomplished much for the good of peace and prosperity In Korea, even if now he's unpopular. Popularity tends to fall overtime for most elected leaders, and legacies are the stuff of history and its vagaries. Leaders who fail to observe the denouement that is their end of office often fail with last minute initiatives and efforts.
However, the rule of law isn't a fleeting notion. The rule of law is a bulwark against corruption and anti-democratic action. It's a requirement, a necessary but not sufficient condition, for democratic rule. Contrary to popular belief, it's not the exclusive prerogative of courts, or of executive leaders. It requires civic literacy and popular support to work at good-to-best practice. If only a few people in courts value it, the rule of law can't work.
Bernard Rowan (browan10@yahoo.com) is associate provost and professor of political science at Chicago State University. He is a past fellow of the Korea Foundation and past visiting professor at Hanyang University's Graduate School of Local Autonomy.
 |
Finally, he's pardoned a host of friends and associates guilty of many crimes, raising howls and cries galore. In South Korea, President Moon Jae-in has apologized for confusion surrounding the failed attempt to punish and prosecute Yeon Seok-youl, the prosecutor general.
Arguably, these matters relate to politics, the contest for power among opposing groups and rival interests. More importantly, they reflect aspects of the rule of law. The rule of law in both Korea and America safeguards against dodgy politics and more generally the ebb and flow of what's popular and who is in power.
Trump may go down in history as one of America's worst presidents. His abdication of national leadership over the COVID-19 war and refusal to work with America's languishing governors and mayors is a signal of failure. His effort to undo a free and fair election, his turning a blind eye to Russian computer hacking and his support for cronies puts him in the league with Grant and Harding. He's having the Army Corps of Engineers work apace to finish his boondoggle border wall. The list goes on and on.
Commentators note Moon's reform efforts may have gone too far. Beyond the enmity between his justice minister and the prosecutor general lies the public interest, not only in public prosecution but in the integrity of ministers and their family members' dealings. Sadly, nearly every Korean national government has faced one or more prosecutions over corruption during incumbency or after the leader's term has concluded.
However, the rule of law requires openness to accusations of illegal acts. It also requires respect for appeals that seem to go on forever. That at the end of the day the courts have dismissed Trump's futile and often ridiculous claims about elections also is part of the rule of law. Having one's day in court is no small thing and the place of courts in living democracies is absolutely essential.
Likewise, democratic leaders have the power of pardons and reprieves. It doesn't mean that executive leaders use it only by plebiscite or to free or commute the sentences of the popular. Courts matter, but not all court sentences stand up to reason. We can adduce examples of similar actions by any number of democratic leaders in the United States, popular and otherwise. Trump may try for a gold medal in the scope of his pardons and commuted sentences. Many of the pardons induce nausea and indignation. However, rule of law allows for executives to draw exceptions. This shows that no branch of government is beyond checks and balances.
Trump and Moon both face the passing of their terms of office. Each can claim successes and failures. Moon as a leader has accomplished much for the good of peace and prosperity In Korea, even if now he's unpopular. Popularity tends to fall overtime for most elected leaders, and legacies are the stuff of history and its vagaries. Leaders who fail to observe the denouement that is their end of office often fail with last minute initiatives and efforts.
However, the rule of law isn't a fleeting notion. The rule of law is a bulwark against corruption and anti-democratic action. It's a requirement, a necessary but not sufficient condition, for democratic rule. Contrary to popular belief, it's not the exclusive prerogative of courts, or of executive leaders. It requires civic literacy and popular support to work at good-to-best practice. If only a few people in courts value it, the rule of law can't work.
Bernard Rowan (browan10@yahoo.com) is associate provost and professor of political science at Chicago State University. He is a past fellow of the Korea Foundation and past visiting professor at Hanyang University's Graduate School of Local Autonomy.
![[INTERVIEW] Busan has potential to be world-class city, says mayor](https://img.koreatimes.co.kr/upload/thumbnailV2/b58861f810524e18a4ade3af8c9351f9.jpg/dims/resize/178/optimize)
