of a provision for a fundamental right does not guarantee that right. The lack of
constitutional ground does not indicate the impossibility of action by the state
either: the Joint Venture Act of 198478 and widespread travel of residents – in search
of food – before legal provisions were created for such actions in 1998 are cases in
point. These situations allow the state a great deal of discretion in the exercise of its
authority. Neither does the state suffer any restraint to check its limitless exercise of
public authority; nor do any such legal mechanisms exist.
However, the North Korean leadership has tried to adjust itself to the new
challenges via constitutional changes by reducing the gap between law in the book
and law in action. If an open-door policy is the inevitable option to overcome the
country’s current economic difficulty, the rule of law will be one of the most
important vehicles to persuade foreigners to trust the system and establish eco-
nomic co-operation. Therefore, examining the law in North Korea, including its
constitution, is a rising necessity for many North Korean observers.
The constitutional history of North Korea suggests that revisions are possible
anytime the country’s leadership decides to change the direction of state manage-
ment or keep in step with environments in flux. The wishes of citizens have not
been at issue and are unlikely to be for some time. The new leadership of Kim Jong-
un will face more challenges even though the new constitutional revision was
provided to mitigate his shortcomings – legal devices fall far short of superseding
the real politics of power struggle in North Korea. The new leader’s lack of experi-
ence makes institutional legitimacy more important. He can exercise full authority
given by the Constitution, although he needs the help – and loyalty – of a senior
group of mentors. The new leader may continue to have difficulty commanding the
undivided backing of the old generation. Likewise, as the successor, he is in some
ways bound to the legacies of his father and grandfather, which will make it difficult
for him to reverse the country’s economic deterioration. But his ascension as the
supreme leader is very different from his father’s experience, and Kim Jong-un
seems confident early on in his reign. His youth and his study in Europe may
contribute to his leaning toward a pragmatic way of thinking.^79 Time will reveal his
true colors. And, as the Constitution is a reflection of politics, only a new political
scene – if that were ever to occur – could usher in a new constitution.
(^78) Constitutional ground for such law was provided in Art. 37 of the 1992 constitution.
(^79) In his speech to celebrate his grandfather’s 100 th birthday on April 15 , 2012 , Kim Jong-un
announced that he will not leave his people hungry, and will work to improve their
livelihoods. For an unofficial English translation of the speech, seewww.northkoreatech.
org/ 2012 / 04 / 18 /english-transcript-of-kim-jong-uns-speech. Three months later, in July, he
carried out a blitz dismissal of North Korea’s military chief Ri Yong-ho – a conservative
military man who had been appointed by his father – indicating that Kim Jong-un may be
in the process of replacing older or conservative military figures with people he can
more easily control and use in his attempt to embark upon reported measures to improve
the economy. See “N. Korea’s military chief Ri Yong-ho dismissed amid possible power
struggle” (August 2012 ) 35 ( 8 )Vantage Pointpp. 31 – 3.