05 December 2024
When Democracy Prevails
On December 3 at 10:25 pm, the President of South Korea Yoon Suk Yeol declared emergency martial law, which lasted for 6 hours until it was lifted following the unanimous vote of the South Korean Parliament to immediately end its imposition. This blog analyzes the legal aspects of the President’s failed attempt to maintain a martial law regime and further reflects on the significance of this event for the evolution of democracy in South Korea. Continue reading >>
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09 August 2024
Wartime Constitutionalism and the Politics of Constitutional Review in Ukraine
On 18 July 2024, Ukraine’s Constitutional Court issued a decision concerning the rights of the accused in criminal proceedings under martial law. The extension of detention, the Court ruled, can only be issued based on a reasoned court decision—this applies even in times of war. In this blogpost, we examine how the war has influenced the ways in which various actors engage with constitutional complaints, before discussing the Constitutional Court's recent decision on Article 615.6 of the Criminal Procedure Code. We argue that this ruling exemplifies how the Constitutional Court can maintain the relevance and practical significance of its decision-making in wartime. Continue reading >>
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05 December 2018