South 고등학교 3학년 Politics and Law

Chapters: 6

1. Democracy and the constitution

Politics and ideals of law · The constitution · Basic rights

Rule of Law – The rule of law means everyone, including the government and its leaders, must follow the same known laws, which are applied equally by fair and independent courts. Its main principles are supremacy of law, equality before the law, clear and public laws, fair trials, protected rights and separation of powers. Laws are made and changed through an open process, can be reviewed by courts against a constitution or charter of rights, and countries also agree to international law through treaties.
Constitution: Why and How? – A constitution is the basic rulebook of a country. It builds trust, says who holds power, limits that power, and states the people's hopes. India's Constitution was written by the Constituent Assembly from 1946 to 1949 through open debate, and it took good ideas from other constitutions, changing them to suit India.
Human Rights: Meaning, History, Types and Protection – Human rights are the basic freedoms and protections that belong to every person because they are human. They are universal, inalienable, indivisible and rooted in dignity. The Universal Declaration of Human Rights (1948) set a common standard, later made binding through treaties. Rights are protected by constitutions, courts, commissions, the UN and civil society, and they can be limited only by fair laws that protect others.

2. Democratic government

Forms of government · Three branches · Local government

Systems of Government: Branches, Checks and Balances – Every modern state divides power among three branches: the legislature makes laws, the executive carries them out and the judiciary interprets them. Checks and balances let each branch limit the others. Democracies arrange the legislature and executive in different ways. In a parliamentary system the government comes from parliament and must keep its confidence (UK, India, Germany). In a presidential system people elect the president and the legislature separately for fixed terms (USA, Brazil). A semi-presidential system shares power between an elected president and a prime minister who answers to parliament (France). Other forms include monarchies and Switzerland's committee system.
Local Governments – Local governments bring democracy to the village and town level, where people know their own problems best. Local bodies existed in India since 1882 but stayed weak for decades. The 73rd (rural) and 74th (urban) Amendments of 1992 gave panchayats and municipalities constitutional status, regular elections, reservation for women, SC and ST, and a list of subjects and funds.

3. Political process and participation

Political process · Elections · Parties, interest groups, media

Civic Engagement: How Citizens Take Part – Civic engagement means taking part in the life of your community and country. It is like a ladder: stay informed, vote, join groups, volunteer, then organise and campaign. Citizens vote in elections to choose representatives and in referendums to answer one question directly. They join political parties (which aim to govern), trade unions (which defend workers) and associations or NGOs (which work for a shared cause). Between elections they sign petitions, volunteer, mediate local conflicts and campaign online, checking facts first. Whistleblowers reveal hidden wrongdoing, and a free press and public opinion turn it into action. Organising a community event shows all these skills: planning, teamwork and responsibility.
Elections in India – Elections let crores of people choose representatives and peacefully change governments. India uses first-past-the-post for Lok Sabha and state assemblies, and a form of proportional representation for Rajya Sabha and the President. Delimitation makes constituencies roughly equal in population. The independent Election Commission prepares voter lists and conducts polls. India has a multi-party system, coalition governments are common, and the anti-defection law stops elected members from switching parties.
Political Parties – A political party is a group of people who come together to contest elections and hold power. Parties do seven key jobs, from contesting elections to linking people with government schemes. India has a multi-party system with national and state parties. Parties face challenges like lack of internal democracy and money power, and some reforms have been made.

4. Private life and law

Civil law · Contracts and torts · Family law

Civil Law: Rights and Duties Between People – Civil law (private law) is the part of law that governs relations between ordinary persons: people, companies and sometimes the state when it acts like a private party. It covers who can have rights (legal persons and their capacity), things and property, obligations (duties that come from contracts or from causing harm), family and inheritance. When someone breaks a civil duty, the aim is not punishment but repair: the wronged person can ask a court for compensation (damages for real loss and lost profit), for the thing back, or for the wrong to stop. A tort is a civil wrong outside a contract, such as negligence that injures someone or damages their property. Usually the person at fault pays; children may be only partly liable, and parents or guardians may answer for them. Claims must be brought within a limit of time (the limitation period). Many countries collect these rules in a civil code; others build them mostly from court decisions; both protect the same basic ideas.
Family Law: Marriage, Parents and Children – Family law is the part of private (civil) law that deals with marriage, the relationship between spouses, parents and children, divorce, maintenance, guardianship and adoption. In most countries a valid marriage needs two adults who freely agree, are not already married and are not close relatives, and it is registered. Spouses have equal rights and duties. Parents must care for, maintain and educate their children, and every decision about a child follows the principle of the child's best interests. Children without parental care are protected through guardianship, foster care and adoption.

5. Social life and law

Criminal law · Criminal procedure and rights · Workers' rights

Criminal Law: Crimes, Offences and Defences – Criminal law lists acts the state treats as crimes and sets punishments. Most crimes need two parts: a guilty act (actus reus) and a guilty mind (mens rea). Offences can be against the person (fatal, like murder and manslaughter; non-fatal, like assault) or against property (like theft, robbery, fraud, criminal damage). Trying to commit a crime is itself an offence (attempt). Defences such as self-defence, insanity, duress or being under the age of criminal responsibility can remove or reduce guilt. The accused is presumed innocent; the prosecution must prove guilt beyond reasonable doubt in a fair trial.
Employment Law: The Rules of Working for Someone – Employment law is the set of rules for the relationship between an employer and an employee. An employment contract exists when a person does work, for pay, under the employer's direction (subordination). Contracts may be permanent, fixed-term, temporary through an agency, part-time or telework; a civil-law or freelance contract is not employment. Employees have rights (at least the minimum wage, limited hours, rest and paid leave, a safe workplace, equal treatment, freedom from harassment) and duties (careful work, following lawful instructions, loyalty, safety rules). Employers can organise work and discipline, within the law. Pay is gross before tax and social insurance and net after; the employer's total cost is higher. Trade unions negotiate collective agreements. A contract ends by resignation, dismissal with a valid reason and fair procedure, mutual agreement or the end of a fixed term.

6. International relations and the peninsula

Changing international relations · International problems · Korea's international relations

International Relations: How States Deal with Each Other – International relations (IR) studies how states and other actors (international organisations, companies, NGOs) interact. States are sovereign and there is no world government, so each state follows its national interest through foreign policy: diplomacy, trade, aid, alliances and, at worst, force. Conflicts arise from clashing interests over territory, resources, power and identity, and from the security dilemma. Cooperation grows through mutual gain, treaties, international law and organisations. Realism stresses power and security; liberalism stresses cooperation, trade and institutions. Peace is built by negotiation, mediation, peacekeeping and justice.