Research
Research Reports
| Title | United States Supreme Court Jurisprudence on the Protection of Minority Rights | ||
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| Date | 2020.01.17 | ||
| Files |
 United States Supreme Court Jurisprudence on the Protection of Minority Rights.pdf
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United States Supreme Court Jurisprudence on the Protection of Minority Rights
It is no easy matter to protect the rights of minorities because to eliminate discrimination equates to defeat the unduly generalized stereotype or prejudice which has been ingrained into commonsense of the age. Because of the anti-majoritarian characteristics, issues concerning the protection of minorities would most likely arouse controversy in social and political arenas, especially in a democratic society resting upon the principles of majority rule. Yet, the concept of liberal democracy does not merely mean compliance with majority rule. The majority rule without the protection of minority rights is nothing more than formal democracy and tyranny of the majority alike. The protection of minorities, of course, had best be made by legislative and executive bodies with democratic legitimacy, but due to the nature of the principles of democracy which include the majority rule, governmental decisions are likely to be made by the will of the majority, and the opinion of minorities tends to be marginalized by and large in the decision-making process. In this regard, an independent judiciary, as a power not elected by the people, that is, not affected by the majority rule, needs to be the “last resort” to protect the minority against majoritarianism. The United States Supreme Court has long been consolidated the primary duty of the judiciary to protect minorities by establishing judgments and legal principles aiming at social integration based on diversity. Under the Due Process Clause and Equal Protection Clause, the Court has struck down laws that discriminate based on race, alienage, national origin, illegitimacy, gender, sexual orientation, etc., holding the tone of judicial activism. The experience of the United States Supreme Court, which has taken the lead in minority rights protection, implicates the importance of the Korean judiciary’s role in realizing the social integration in a multicultural society, and in eliminating aversion and irrational discrimination against minorities. Therefore, as evidenced in the United States Supreme Court cases, this paper acquaints the people with the importance of the judiciary’s role in the protection of minorities and suggests that the Korean judiciary plays a key role to protect minorities through active interpretation of (constitutional) law, proactively influencing important governmental decision-making and social changes with respect to minority issues. 
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