The Korea Herald

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[Editorial] Enhancing top courts

By Korea Herald

Published : May 22, 2012 - 19:23

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The inaugural congress of the Association of Asian Constitutional Courts and Equivalent Institutions is being held in Seoul for five days this week.

Institutions exercising constitutional jurisdiction in 10 Asian nations including Korea comprise the regional forum intended to promote democracy, the rule of law and fundamental rights by enhancing cooperation and friendship.

Representatives from the member institutions are joined by observers and guests from 20 other countries at the congress held under the theme “Present and future of constitutional justice in Asia.”

Though receiving little media spotlight, Korea’s hosting of the event as the first presiding country of the AACC should be a reminder of the successful roles by its Constitutional Court in ensuring democratic rule and constitutional order have taken firm root in the nation.

Since its inception in 1988, a year after the current Constitution was promulgated to end decades of military-backed dictatorship, the top court has contributed to the steady transition to democracy by ruling against authoritarian laws and abuses of power.

In the process, it has accumulated its own theories and adjudications on constitutional justice, departing from its early reliance on European models.

It is now becoming an exemplary case for some Asian and Middle Eastern countries to refer to in their work toward establishing a stable democracy and the rule of law.

The Constitutional Court is right in seeking to share its experience with such countries to help make their democratic transition more efficient and successful.

Korea’s story of achieving both democracy and industrialization in a generation would become more meaningful when it serves to guide other less developed nations toward political liberty and economic prosperity.

With its experience and expertise accumulated over the past quarter of a century, the Constitutional Court may well be placed to provide the model of constitutional justice relevant for those countries.

This contribution can be facilitated by educating judges from developing nations, conducting research on effective ways to establish constitutional order and offering various stages for international debates.

In this context, the court’s hosting of the 3rd World Conference on Constitutional Justice in Seoul in 2014 is expected to further boost Korea’s role in promoting constitutionalism across the globe.

What we regret is that one of the nine benches at the Constitutional Court has been vacant for nearly a year due to political confrontation. The liberal opposition has refused to recommend another candidate since its original choice for a justice was vetoed by conservative ruling party lawmakers in a long-delayed parliamentary vote last February.

It is a severe dereliction of duty for the legislature to leave the court in this unconstitutional situation, which has forced it to postpone adjudications on some sensitive cases.

The incoming 19th National Assembly, which starts its four-year term on May 30, should be quick in selecting a new justice to pay due respect to an organization that has been so instrumental in enhancing democracy and constitutionalism in the country.