state. Consequently, as stipulated in the constitution,Jucheideology is the ultimate
paradigm that guides state activities.
3
In the Weberian sense,^4 North Korea can be characterized as a charismatic
society where the supreme, “godlike” leader’s words and directives are the principal
governing norms that supersede all else, including the official law. The leader’s
word is considered the quintessential source of enlightenment capable of dispens-
ing justice. The official law, on the other hand, plays only a marginal role in the
administration of justice and instead acts as a secondary instrument to enforce and
realize the leader’s directives. Thus, the Constitution exists essentially as a political
manifesto laden with programmatic provisions rather than as a document written
to ensure justice for the people. The discrepancy between the written laws and
law in action is so pervasive that the issue of legal ground is entirely irrelevant
on many occasions. Constitutional ground is not necessarily required to invoke
state action since the state holds its legitimacyipso factowith no procedure to
challenge it.
iii. the first constitution of 1948
The first constitution of the DPRK was inaugurated in 1948 , modeled after the 1936
“Stalinist” constitution of the Soviet Union (USSR). Despite constitutional revi-
sions of a drastic nature both in 1972 and 1998 ,
5
since its 1948 original the basic
principles and characteristics of North Korea’s constitution have been largely
preserved. Much of the structure that exists today emanates from the 1948
constitution.
Drafted in April 1948 , the Constitution of the DPRK was adopted at the First
Supreme People’s Assembly (SPA) in September of that same year.^6 It consisted of
ten chapters and 104 articles,^7 and contained provisions on basic principles, rights
and duties of citizens, central and local legislative and executive organs, courts,
budgets, national defense, amendment procedures, the state emblem, the capital,
(^3) Ibid., Art. 3.
(^4) Weber’s “ideal types” distinguish between ( 1 ) charismatic, ( 2 ) traditional, and ( 3 ) rational–
legal authority. As it is, North Korean authority tends to fall under the first category.
See Max Weber,Economy and Society, Vol. 1 , ed. Guenther Roth and Claus Wittich
(Berkeley: University of California Press, 1978 ), pp. 212 – 301.
(^5) Although the 1992 revision was not extensive, this revision still holds significant meaning.
Therefore, the 1992 constitution will also be reviewed in a separate section.
(^6) The 1948 constitution is also referred to as the “People’s Democratic Constitution.”
(^7) The ten chapters were as follows: 1 Principles (Arts. 1 – 10 ); 2 Fundamental Rights and
Duties of Citizens (Arts. 11 – 31 ); 3 Supreme Sovereign Organ, Section 1 Supreme People’s
Assembly (Arts. 32 – 46 ), Section 2 Presidium of SPA (Arts. 47 – 51 ); 4 State Central Executive
Organs, Section 1 Cabinet (Arts. 52 – 62 ), Section 2 Ministries (Arts. 63 – 7 ); 5 Local Sover-
eign Organs (Arts. 68 – 81 ); 6 Court and Prosecutor’s Office (Arts. 82 – 94 ); 7 State Budget
(Arts. 95 – 9 ); 8 National Security (Art. 100 ); 9 State Emblem, Flag and Capital (Arts. 101 – 3 );
10 Procedure for Constitutional Amendment (Art. 104 ).