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.
Read MoreThe 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).
Read MorePresident 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.
Read MoreThe 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.
Read MoreIn 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.
Read MoreAn 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 second part of Mattarella’s speech gave broader reasons why he could not accept Prof. Savona’s participation in the Government in the specific portfolio of Economy and Finance.
Read MoreItaly is facing one of the deepest constitutional crisis in its recent history, which did not come out of the blue. And the appointment of the Government led by Giuseppe Conte, eventually occurred on 1 June 2018, does not necessarily represent its conclusion.
Read MorePublic consultation is increasingly described as an essential ingredient in constitution-making and as one that performs a legitimation function. Citizens are considered as having a right to participate in such processes. Public consultation in constitution-making is an affirmation of the ‘constituent power’ of the people and of participatory democracy.
Read MoreThe Supreme Court of India (SCI), arguably the most powerful Court in the world, occupies an unusually prominent position within discussions of Indian constitutionalism. Recent accounts of the SCI are striking for the contradictions they highlight. The narrative of the SCI as a stalwart champion of pro-poor causes is hard to reconcile with instances of extreme judicial deference in the face of e.g. governmental neglect of land rights and worker protection. The image of a vibrant judiciary is difficult to maintain in the face of an apex court beleaguered by allegations of misconduct.
Read MoreThe blog of the International Association of Constitutional Law (IACL)
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