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Legal Framework on Constitutional Review: Cases and Experiences Learnt from Korea
- Constitutional adjudication can be carried out either by separate judicial organ which is apart from and not part of the ordinary court system or by apex court of the country through the ordinary court system. Countries practicing the Romano-Germanic legal system adopt the former system in its term of constitutional review while English Common Law countries establish the latter as judicial review, with two exceptional countries of South Africa and Myanmar which have specialized constitutional courts. Republic of Korea has adopted the constitutional review system in one form or another since the adoption of its first modern Constitution in 1948. Comparatively, Myanmar Constitutional Tribunal has been recently established under the 2008 Constitution with the new democratic government. It is an institution that has never existed in Myanmar’s legal history before. It is hoped that general overview of Korean constitutional review system and jurisdictions of the Constitutional Court of Korea with special emphasis on constitutional complaints jurisdiction and case study with commentary provided by this research could offer a useful tool and might be regarded as good examples for enhancing the jurisdiction and powers of the Constitutional Tribunal of the Union of Myanmar in deliberating and adjudicating, by keeping historical, social and legal system differences between two countries in mind.
Khin Khin Oo
- Final Research Result
- School of Law, Seoul National University