July 09, 2018

South Korean Constitutional Change in Comparative Perspective

July 09, 2018/ Tom Daly

Cheryl Saunders

In 2017, I participated in discussions about the implications of choosing between major and apparently lesser forms of constitutional change. The occasion was the Melbourne Forum 2017: a joint venture between the intergovernmental democracy assistance organisation International IDEA and the Constitution Transformation Network at Melbourne Law School. The Forum brought together more than 20 constitution building practitioners and scholars from across Asia and the Pacific.

June 22, 2018

Reflections on South Korea’s Constitutional Future

June 22, 2018/ Tom Daly

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.

June 21, 2018

Breathing Life into the 1987 Constitution: The Role of Public Interest Lawyers

June 21, 2018/ Tom Daly

Patricia Goedde

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.

June 18, 2018

A Successful Constitutional Design: The Constitutional Court at 30

June 18, 2018/ Tom Daly

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).

June 16, 2018

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

June 16, 2018/ Tom Daly

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.

June 13, 2018

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

June 13, 2018/ Tom Daly

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.