Constitution of North Korea

The Socialist Constitution of the Democratic People's Republic of Korea is the constitution of the Democratic People's Republic of Korea (DPRK), commonly known as North Korea. It lays out the framework of the national government and the functions of the ruling state party, the Workers' Party of Korea in relation to the Cabinet and Parliament. The constitution is divided into 166 articles, split between three sections.

Previous constitutions were adopted in 1948, 1972, 1992, 1998., and 2013. The constitution in force currently dates from 2016.

The original North Korean constitution was based on the 1936 constitution of the USSR. This constitution was adopted at the first Supreme People's Assembly (SPA) in September 1948. Joseph Stalin personally edited the constitution alongside Terentii Shtykov, de facto Soviet governor of North Korea, in Moscow. Some articles were later rewritten by Soviet supervisors. Under the 1948 constitution, the Supreme People's Assembly (SPA) was the highest organ in the state, while the Presidium of the SPA was responsible for initiating action and policymaking. The 1948 constitution became obsolete when it was replaced by a new constitution in 1972.

Proposing a DPRK new constitution had been discussed as early as 1960. However, in the changing international environment meant that North Korea could no longer postpone a constitutional revision. This can be seen in Kim Il-sung’s speech at the first session of the fifth Supreme People's Assembly on December 25, 1972:

"...our realities today urgently demand the establishment of a new socialist constitution legally to consolidate the great achievements of our people in the socialist revolution and building of socialism and lay down principles for the political, economic, and cultural spheres in socialist society"

Under the new constitution, Kim Il-sung became the President of the DPRK. He became the head of state serving as commander of the armed forces and chairman of the National Defense Committee, he had the power to issue edicts, grant pardons, and conclude or abrogate treaties. Under the old constitution, there was no one designated as the head of state. The chairman of the Presidium of the Supreme People’s Assembly represented the state which followed the Soviet practice. The constitution makes excessive references to the Juche ideology, leading Christopher Hale to conclude that "it would be accurate to call the constitution a Juche constitution".

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