referred to as the Kim Il-sung–Kim Jong-il Constitution, while the 1998 Consti-
tution is known as the Kim Il-sung Constitution.
Since the late Kim Jong-il became the eternal chairman of the NDC, no other
person can be appointed to the same title. Therefore, the title in the text was
changed to the first chairman of the NDC in respective articles.^77 No other change
was made to the text.
Despite the limited changes to the constitution, one other important detail
should be noted. In the 2012 constitution, North Korea publicly announced itself
a “nuclear-armed state,” rendering North Korea’s nuclear status a constitutional
issue rather than a mere policy matter. The specification of the nuclear state in the
Constitution signifies that the nuclear program in the DPRK is so vital that
its resolution depends on the decision of the people. North Korea now can say,
at the very least, that abandonment of nuclear weapons is against the Constitution.
Although this explicit insertion of “nuclear-armed state” in the constitution does
not prevent North Korea from engaging in denuclearization negotiations with the
United States, South Korea, or other parties in the future, it will surely contribute
to upping the ante by providing the DPRK with another bargaining chip. Thus, a
new obstacle has been erected on the road to the denuclearization of North Korea.
Considering all these changes, one can assume that the junior Kim will likely
follow the policy lines his father advocated – at least for a while. Once Kim Jong-un
successfully establishes his reign in full, he may reveal his true intentions. At that
time, he may amend the Constitution again to fit it to his own direction and rule.
ix. concluding remarks
Each amendment of the Constitution in North Korea has been concerned, in
principle, with a change in the status of the supreme leader or power succession.
The Constitution has been modified to legitimize each new leader’s authority.
Additionally, articles relating to the economy were revised from the 1990 s to ease
the strict central planning system and autarky in order to alleviate the destitute
economic situation of the people. Thus, certain economic activities or types of
ownership were legitimized on the basis of the Constitution.
However, in North Korea, where the rule of law does not govern, but the
directives and words of leaders and administrative directives do, legal grounds
for state actions are not sought for their justification. Although the Constitution
is the highest law in form, it functions merely as a tool of propaganda. In other
words, the Constitution in North Korea exists not for the protection of citizens’
rights and interests but merely as a tool to showcase the superiority of the state’s
system to its citizens and outside observers alike. In this regard, the mere existence
(^77) For example, Arts. 91 , 95 , 100 – 5 , 107 , 109 , 147 , and 156.