Why Some Filipinos Still Resist Constitutional Reform

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Why Some Filipinos Still Resist Constitutional Reform

Michael Henry Yusingco

The Philippines has had three constitutions. The first one was in 1935 which was part of the preparatory process before the granting of independence by the United States in July 1946. The second one was in 1973 which provided the colour of legitimacy to President Ferdinand Marcos’ 14-year dictatorial regime. The third one took effect in 1987 restoring a republican democratic system in the country.

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Symposium: Reflections on South Korea’s Constitutional Future

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Symposium: Reflections on South Korea’s Constitutional Future

Chaihark Hahm

The current constitution of the Republic of Korea, a product of the historic democratic transition in 1987, has been in force for over three decades. By Korean standards, this is no small feat given that the average lifespan of the nine previous constitutions, counting from the Founding Constitution of 1948, has been a little over four years. The longest was eight years. Perhaps more important than the longevity of the constitutional text may be the fact the constitution is no longer a nominal or decorative document but a normative one that is enforced and “lived” by both the political rulers and citizens.  

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Symposium: A Successful Constitutional Design: The Constitutional Court at 30

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Symposium: A Successful Constitutional Design: The Constitutional Court at 30

Fabian Duessel

The Constitutional Court of the contemporary Sixth Republic of Korea was established in 1988, following amendments to the Constitution in 1987. This was the first time a centralized system of constitutional review in the form of a constitutional court was established in Korea. Even though a constitutional court was envisaged in Chapter VIII of the 1960 Constitution, it never came into being due to the short history of the Second Republic of Korea (1960-1961).

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Symposium: Presidential Proposal for Constitutional Revision in South Korea: Unlikely to be Passed but Significant Step Forward

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Symposium: Presidential Proposal for Constitutional Revision in South Korea: Unlikely to be Passed but Significant Step Forward

Jongcheol Kim

President Moon’s constitutional reform proposal aimed at enhancing checks and balances and public welfare is likely to fail. Nevertheless, the proposals should inspire and influence future movements for reform. Crucially, the failure may also demonstrate a token maturity of Korean politics where presidential initiatives were historically accomplished with ease or nefariously – writes Professor Jongcheol Kim. 

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Symposium: Editors' Introduction: South Korea at a Crossroads: Reflecting on Constitutional Change

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Symposium: Editors' Introduction: South Korea at a Crossroads: Reflecting on Constitutional Change

Adem Abebe, Erika Arban & Tom Gerald Daly

The Republic of Korea (‘South Korea’) finds itself at a crossroads in 2018. 30 years after the transition to democratic rule and adoption of a democratic Constitution in 1987 the state has much to celebrate, including an embedded tradition of peaceful electoral transitions, independent courts, a vibrant civil society, and economic success. Yet, spurred by government scandals and deficiencies in the political system, there has been growing impetus for reform and renewal.

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Foreign Judges on Constitutional Courts

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Foreign Judges on Constitutional Courts

Anna Dziedzic

In present conditions of globalisation, there is much discussion about the transnational movement of constitutional laws, texts and concepts. Often overlooked, however, is the movement of judges across national borders. This may be because it is generally assumed that the judges sitting on a state’s courts – especially courts of constitutional jurisdiction – will be citizens of that state.

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MPECCoL: A New Work on Comparative Constitutional Law

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MPECCoL: A New Work on Comparative Constitutional Law

MPECCoL editors: Rainer Grote, Frauke Lachenmann & Rüdiger Wolfrum

An aspiring new work in the field of comparative constitutional law has recently seen the light of day: The Max Planck Encyclopedia of Comparative Constitutional Law, edited by Rainer Grote, Frauke Lachenmann and Rüdiger Wolfrum and published by Oxford University Press at www.mpeccol.com. It seeks to cover all aspects of constitutional law from a geographically broad perspective.

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