The Prime Minister in Korean and Thai Constitutions
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The separation of powers has been regarded as principle of organization of the State’s powers. The Prime Minister system was introduced in Korean Constitutions for the purpose of controlling the power of the President in 1948. In Thai Constitutions, it was introduced when there was a change in the county's government system from the absolute monarchy system to the democratic system in 1932. The Prime Minister system was one of main topics in Korean and Thai constitutional revisions. In Korea, the status and powers of the Prime Minister were changed according to the forms of government. Under a pure or neopresidential system (1954 – 1960, 1962 - 1987) the Prime Minister played a administrative role as a simple assistant organ of the President. Under a parliamesidry system of government (1960 – 1961) the former played not onorma administrative role but also a political role as Head of the Administration. Under a mixted system of government (1948 – 1954, 1987 - ) his role was up to the President’s political philosophy or the parliamentary majority. In Thai, although a parliamentary system of government was always maintained in Constitutional revisions, the Prime Minister system worked differently and could be classified in three types: anti-democracy, semi-democracy and democracy, which had been circulated one by one. No matter how the governments were established by election or by military Coup d’Etat, the Prime Minister had a strong power. In Korea, a new constitutional revision is asked about the relationship between the President and the Prime Minister, we have actually no consensus about that. For the time being, the Thai Constitution of 2007 could contribute to keeping the balance between the political powers in reality.
Abstract
The separation of powers has been regarded as principle of organization of the State’s powers. The Prime Minister system was introduced in Korean Constitutions for the purpose of controlling the power of the President in 1948. In Thai Constitutions, it was introduced when there was a change in the county's government system from the absolute monarchy system to the democratic system in 1932. The Prime Minister system was one of main topics in Korean and Thai constitutional revisions. In Korea, the status and powers of the Prime Minister were changed according to the forms of government. Under a pure or neopresidential system (1954 – 1960, 1962 - 1987) the Prime Minister played a administrative role as a simple assistant organ of the President. Under a parliamesidry system of government (1960 – 1961) the former played not onorma administrative role but also a political role as Head of the Administration. Under a mixted system of government (1948 – 1954, 1987 - ) his role was up to the President’s political philosophy or the parliamentary majority. In Thai, although a parliamentary system of government was always maintained in Constitutional revisions, the Prime Minister system worked differently and could be classified in three types: anti-democracy, semi-democracy and democracy, which had been circulated one by one. No matter how the governments were established by election or by military Coup d’Etat, the Prime Minister had a strong power. In Korea, a new constitutional revision is asked about the relationship between the President and the Prime Minister, we have actually no consensus about that. For the time being, the Thai Constitution of 2007 could contribute to keeping the balance between the political powers in reality.
참고문헌 (21)
- 변해철, "태국의 민주화와 1997년 헌법개정", 외법논집, (18), pp.1~25 (2005), 법학연구소
- 변해철, "한국과 태국에서의 인권보장: 국가인권위원회를 중심으로", 동남아연구, 17(1), pp.93~112 (2007), 동남아연구소
- 변해철, "2007년 태국헌법개정과 헌법재판", 외법논집, (31), pp.63~86 (2008), 법학연구소
- Hwang, Tae-yeon, "On the European Semi-Presidential System and the Korean Constitution Reform Plan for the 4-Year-Term and Re-electable Semi-Presidential Office", Proceedings of the 3rd Seminar on the constitutional revision (2008), the Future Korean Constitution Committee in the National Assembly
- Huh, Young, "Korean Constitutional Law" (2009), Pakyoungsa Publishing Co.
- Jeong, Man-hee, "The parliamentary Consent to the President’s Appointment of the Prime Minister", A Collection of papers in the commemoration of Professor Kim Cheol Su’s retirement (1998)
- Kang, Kyoung-keun, "Constitutional revision for the presidential system of government", The Goshigye, 54(11), pp.5~17
- Kriengkrai Charoenthanavat, "The Thai Constitution of 1997: A study on Protection Rights and Liberties", Constitutionalism and Constitutional Adjudication in Asia, Asian Forum for Constitutional Law, pp.483~493 (2005)
- Lijphart, Arend, "Patterns of Democracy" (1999), Yale University Press
- Lyu Jin-oh, "Interpretation of Korean Constitution" (1950), Ilchogak
- Lyu Jin-oh, "Reflections on drafting the Korean Constitution" (1980), Ilchogak
- Morange, Jean, "La Déclaration des Droits de l'homme et du citoyen(26 aout 1789)" (1988), PUF
- Suchit Bunbongkarn, "Thailand in 1991: Coping with Military Guardianship", Asian Survey, 32(2) (1992), Institute of International Studies, university of California
- Office of the National Education Commission, "His Majesty the King of Thailand Bhumibol Adulyadej, the Great and Education of thailand" (1987), Siam Rath Press
- The Secretariat of the National Assembly, "Minutes of 1st. Convention of the House of Representatives" (1932), The Secretariat of the National Assembly
- Thanin Kraiwichian, "Democratic System, Department of Curriculum and Instruction Development, Ministry of Education, 5th" (1977)