FORMATION AND DEVELOPMENT OF THE CONSTITUTIONAL COURT IN THE REPUBLIC OF KOREA (SOUTH KOREA)

Abstract

The subject of the study is the peculiarities of the formation and development of the Constitutional Court of the Republic of Korea (South Korea), taking into account historical patterns and the current political and legal situation in the state, which was established in 1988, together with a large-scale revision of the Constitution and the creation of the Sixth Republic. In order to obtain reliable research results, in addition to general scientific and special ones, the authors also used a number of specific legal methods (formal-legal, systemic-structural and comparative-legal), which allowed to reveal the constitutional-legal nature and content of the activities of the Constitutional Court of the Republic of Korea. The novelty of the research lies in the subject characteristic of one of the elements of South Korean constitutionalism – the formation and development of the Constitutional Court of the Republic of Korea. The most important aspects of the official constitutional and legal doctrine of the Republic of Korea have been studied. The effectiveness of the Constitutional Court of the Republic of Korea, which implements the function of constitutional and legal protection, is assessed from the perspective of the development of legal regulation and the activities of the most important subjects of constitutional control (the Constitutional Court and others). The article notes that the system of subjects of constitutional and legal protection in the Republic of Korea includes many state and non-state bodies and organizations, the main place among which belongs to the Constitutional Court of the Republic of Korea. At the same time, as characteristics of the Korean legal system, the authors analyze the application of judicial precedent in the practice of the Constitutional Court, consider various points of view on this issue. The authors of the article made a number of conclusions about the high level of constitutional and legal development in general of the Republic of Korea, and its Constitutional Court in particular. It is noted that the Constitutional Court of Korea constantly and consistently refers to its own decisions, researchers also highlight the effectiveness of the institution of the Constitutional Court, emphasize the well-known fact about the progressiveness and high development of the state of South Korea, with its exceptional national constitutional identity and legal traditions, which is certainly achieved with the active practical activity of the Constitutional Court, in the implementation of constitutional control.