16 March 2026
Bringing the Courts to the Constitution
On 27 February 2026, the National Assembly of the Republic of Korea passed an amendment bill to the Constitutional Court Act introducing constitutional complaints against court judgments, 38 years after the Constitutional Court’s establishment. This amendment marks a watershed moment for constitutional justice in Korea. By bringing judicial decisions within the scope of constitutional complaint, the amendment closes a long-standing gap in the protection of constitutional rights and resolves an institutional anomaly that had effectively placed the judiciary beyond constitutional review. Continue reading >>
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01 March 2022
Constitutional Complaint as Orbán’s Tool
The re-regulation of the ex-post review competence and the introduction of the “full” constitutional complaint in 2012 provided a good justification for the Constitutional Court to shift its focus from the control of the legislature dominated by the illiberal Fidesz government to the supervision of the judiciary. However, the justices have not remained simply deferential. They proactively helped to repurpose the constitutional complaint and convert a fundamental rights protection mechanism into a tool reinforcing the government’s interests. Continue reading >>
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26 March 2019