RESEARCHING KOREAN CONSTITUTIONAL LAW AND THE CONSTITUTIONAL COURT OF KOREA
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This article introduces Korean legal materials to English speakers wishing to undertake the study of Korean constitutional law and cases. The aim is to highlight relevant material provided by the Constitutional Court of Korea (CCK). Looking back over the last three decades, as the CCK has expanded and stabilized its role in the Korean constitutional system, the basic materials available on Korean constitutional law have grown in volume, largely due to the CCK’s efforts. However, there is still room for improvement in the CCK’s quest to become a leading court of constitutional adjudication in the Asian region, comparable to the positions of the German Federal Constitutional Court and the US Supreme Court on the world stage. Research on Korean constitutional law and cases will gain in significance once the permanent Research Secretariat of the Association of Asian Constitutional Courts and Equivalent Bodies is established in Seoul in 2017. Therefore, an expansion in available research materials on Korean constitutional law is to be expected in the near future. An overview of the position of the CCK in South Korea’s constitutional system provides institutional context. This is followed by a discussion of CCK jurisdictions and their links to the case citation system. Research materials beyond case law are also introduced; finally, an assessment is made of the availability and potential growth of constitutional research material.
Abstract
This article introduces Korean legal materials to English speakers wishing to undertake the study of Korean constitutional law and cases. The aim is to highlight relevant material provided by the Constitutional Court of Korea (CCK). Looking back over the last three decades, as the CCK has expanded and stabilized its role in the Korean constitutional system, the basic materials available on Korean constitutional law have grown in volume, largely due to the CCK’s efforts. However, there is still room for improvement in the CCK’s quest to become a leading court of constitutional adjudication in the Asian region, comparable to the positions of the German Federal Constitutional Court and the US Supreme Court on the world stage. Research on Korean constitutional law and cases will gain in significance once the permanent Research Secretariat of the Association of Asian Constitutional Courts and Equivalent Bodies is established in Seoul in 2017. Therefore, an expansion in available research materials on Korean constitutional law is to be expected in the near future. An overview of the position of the CCK in South Korea’s constitutional system provides institutional context. This is followed by a discussion of CCK jurisdictions and their links to the case citation system. Research materials beyond case law are also introduced; finally, an assessment is made of the availability and potential growth of constitutional research material.
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