This panel seeks to explore the notion of the protection of constitutional identity through the following perspectives: The tools of constitutional guardianship, the constitutionalization of transitional justice, and the institutionalization of transnational networks of constitutional courts. More specifically, are tools of protection applicable across a variety of constitutional systems? If so, are there variations within...
Constitutional identities and the institutionalization of transnational judicial networks
In Asia, it can be observed that efforts are underway to institutionalize networks between judiciaries, including constitutional courts. As international dialogue and research is beginning to be institutionalized among networks of these “guardians of national constitutions“, how does this affect the identities of such associations and their members? This is especially an intriguing and also...
Constitutionalization of Transitional Justice and the Constitutional Identity in Korea
Since the establishment of the Constitution of the Republic of Korea in 1948, Korea has sought constitutional democracy in its unique constitutional political context. In such path, the nation experienced two military coup d‘états with ensuing authoritarian regimes, then has incrementally achieved citizen-initiated democratization process. Most conspicuously noted idiosyncrasy in Korea‘s democratization process is the...
Democratic basic order as the object of protection of party dissolution procedures in Germany and Korea
Party dissolution procedures are considered as one means to protect the identity of a constitution. In this regard Article 21(2) of the German constitution stipulates that parties shall be unconstitutional, if they by reason of their aims or the behavior of their adherents seek to undermine or abolish the free democratic basic order or to...
Impeachment Procedure in the Korean Constitutional Litigation
Impeachment is procedures of the Congress and Constitutional Court to prosecute, punish or dismiss a government official, such as a senior official in the executive branch or a judge, who is unable to be prosecuted or disciplined under general judicial procedures or disciplinary procedures. It is the system for the protection and maintenance of the...