Indigenous constitutional recognition is not just a symbolic endeavour. It has a practical purpose. Constitutional recognition aims to reform the constitutional relationship between Indigenous peoples and the Australian state, to ensure it is fairer than in the past.
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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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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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The U.S. Supreme Court’s blockbuster case Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. __ (2018) has been decided – unusually early (June 4) given the case’s supposed or initial importance. The two questions before the Court were the following:
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As the World Congress of the IACL soon comes to a close in Seoul, this is an opportune time to reflect briefly upon how Korean human rights and public interest lawyers have evolved within their legal profession and how they have been able to advance democracy and rights protections in the Republic of Korea.
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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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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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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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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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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.
Read MoreThe blog of the International Association of Constitutional Law (IACL)
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