헌법과 민주시민교육의 방향

Abstract

Basic Education Act puts its object on the education for democratic citizenship. The orientation for democratic citizenship education seems to be secured through the Constitution the most clearly and distinctly among all kinds of standards as the Constitution is the supreme law and in itself the law of democracy as well. However every single article of the Constitution cannot be the object of the education. Rather than that, the background of the Constitution making ages or thereafter the history of the dictatorship and the coup d’etat by the military regime, and the story of the attainment of the restoration of the democratic government and citizens’ continuous resistant movement as legitimate sovereign should be the major topic of the education. Of course, the Constitutional mission for the people should be taught alongside how to realize as well as keep up our Constitution in the best condition. Participation education must be weighted for the purpose of building democratic citizens. Therefore, in the democratic citizenship education we put an emphasis on the lesson of the principles, the values, the spirit of the Constitution rather than the exact meaning of the written articles. Education is never context-free. We have to start, therefore, to find where we are, and where to go from the point of the Constitutional view, the book of national vision. Now is the time when we must go toward the welfare society and make our Constitution in full bloom by realizing the responsive law, the last stage of development of law. Simultaneously, we must advance to contribute to the prosperity of humankind as well as peace of the world that the preamble of the Constitution vividly provides. Severe contradiction between the Sein and the Sollen of the Constitution can be felt nowadays. Constitutional diastrophism is immanent. National distrust about the representation system seems very deep. Steadfast sovereign is categorical to respond to the historical challenges such as realizing of welfare state, reunification, world peace. We all at this moment should be converted to ‘sovereign person’ who is a master capable of all kinds of Constitutional mission. This can be the object of democratic citizenship education. Whatever that has been, but is no more valid should be cast off as ‘Old’, ‘New’ things and thoughts should replace them. Substantive democracy must be introduced to foster and cultivate sovereign person during the education. Deliberative democracy can be an alternative for a way of democratic education.