아시아 헌법재판기관간 교류의 현황과 과제 : 아시아헌법재판소연합(AACC)을 중심으로

Abstract

While the international communications among constitutional courts in Asia take various forms, in terms of multilateral forums, Association of Asian Constitutional Courts and Equivalent Institutions (AACC) is virtually the only one in which 21 constitutional courts or equivalent intstitutions participate. Unlike ordinary courts’ judicial exchanges, communications among judicial bodies in the realm of constitutional adjudication have the unique characteristic of enabling substantial and practical interactions beyond diplomatic and formal aspects. This is because, although the constitution holds the status of domestic law, the substantial content of the constitution, such as the protection of human rights and the separation of powers doctrine, is often common across countries. This characteristic is no exception in the Asian region. In the overall exchanges among constitutional adjudication bodies in Asia, the exchange of experiences and views on substantial constitutional issues occupies a significant proportion. The AACC has three permanent secretariats responsible for administration, research, and education, with the Secretariat for Research and Developmet(AACC SRD) operated by the Constitutional Court of Korea. Despite this, the AACC is not well-known in the domestic academic community. In light of this situation, this paper aims first to examine the basic history and current status of the AACC and AACC SRD. Notably, the AACC SRD has consistently held international research conferences for judges or rapporteur judges every year since 2017, even during the COVID-19 pandemic, and has published research book annually since 2018. This is noteworthy as it is unparalleled in terms of both quantity and quality in the comparative constitutional law studies within the Asian region. The second goal of this paper is to explore ways to address the limitations that the AACC Research Secretariat has exposed, with the perspective that the Constitutional Court of Korea can play a leading role in the development of constitutional law in the Asian region through the AACC SRD, which shapes the substance of exchanges among constitutional courts in Asia. From this perspective, this paper suggests strengthening research capabilities as a means to enhance the operations of the AACC Research Secretariat, specifically by expanding human and material support through measures such as seconding constitutional rapporteur judges to the AACC SRD. This paper specifically underscores the absence of Korean research personnel at the AACC SRD to date and strongly advocates for the inclusion of Korean researchers in its workforce.