Chapter 9 Direct Individual Access to Constitutional Justice in South Korea and Taiwan

In: Comparative Constitutional History
Fabian Duessel
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Individual access to constitutional justice can take many forms. One of the most prominent examples is the individual constitutional complaint. In many constitutional courts, the constitutional complaint has become the key method for individuals to assert constitutional claims. In Germany, constitutional complaint is very well established and it extends to complaints against judicial judgments. This chapter examines individual access to constitutional justice in South Korea and Taiwan. Although the legal systems of both countries have been heavily influenced by German constitutional practices, constitutional complaint against judicial judgments is explicitly prohibited in Korea; in Taiwan such a possibility was only officially introduced in 2019 and awaits implementation in 2022. By comparatively tracing and analysing the constitutional conditions, and nature and evolution of the mechanism of individual constitutional complaint in South Korea and Taiwan, this chapter aims to shed light on variations and convergences in individual access to constitutional justice in East Asia.

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Comparative Constitutional History

Volume One: Principles, Developments, Challenges