ALSA 2025 meeting

This paper explores how to incorporate care as a constitutional value. Beyond the legal domain, the concept of care has been developed in ethics—particularly in ‘care ethics’—and in political theory under the notion of ‘care democracy’. These perspectives contend that care is not merely a personal moral obligation but a fundamental element of social justice. The structure of care consists of three elements: a caregiver, a care recipient, and affirmative actions undertaken to prevent the deterioration of the care recipient’s well-being. Drawing on Hans Jonas’s principle of responsibility, this paper argues that incorporating care as a constitutional value is possible by recognizing two points. First, a power imbalance exists between the government and individuals. Second, the degree of the care obligation is proportional to the degree of power imbalance between the caregiver and the care recipient. The Korean Constitution already contains provisions that resonate with this understanding of care. Article 10 enshrines human dignity and imposes upon the state a duty to respect, protect, and fulfill constitutional rights. It reflects a care obligation arising from the structural power imbalance between the government and individuals. The constitutional principle of the social state embodied in the Korean Constitution can be explained by the idea that the state bears a care obligation toward those in need. A constitutional principle of a “care state” can be formulated as follows: “In situations of power imbalance, the exercise of state authority must aim to sustain, protect, and promote the well-being of those who hold less power.” Constitutionalizing care is not a purely theoretical endeavor. Rather, it offers a framework for ensuring that the exercise of public power is aligned with a commitment to sustain less powerful constituents of the state, including future generations, non-human beings, and even cultural heritage.