The Effect of Constitutional Review on the Legislature and the Executive branch for last 25 years in Korea

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Chon, Jong Ik
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School of Law, Seoul National University
Journal of Korean Law, Vol.14 No.2, pp. 131-165
Judicial reviewSeparation of powersLegislatureExecutiveConstitutional Court
The Constitutional Court has diligently performed its duty of controlling state power, realizing the principle of separation of power and protecting the basic right of the people for last 25 years. By subjecting legislative and executive actions to judicial review, the people who exercise state power have to constantly consider the constitutionality of their actions. Thus, the

biggest influence of the Constitutional Court on the order of authority is that it has put every state action within the scope of constitutional order prior to any judicial review by the Constitutional Court. To guarantee the constitutionality of state power is to protect the basic rights of the people, and to assure that the Constitution remains its efficacy within the political

system. Therefore, each and every state organ is able to perform its duty independently without interference to other branches within the framework provided by the Constitution. This is how state organs check one another, achieving balance in power.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 14 Number 1/2 (2014/2015)
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