The formation, action and function of the constitutional courts : the case study of Thailand and South Korea

Abstract

To study the formation, function and action of the Constitutional Court of Thailand (under the abrogated 1997 Constitution) and South Korea (under the present Constitution). The focus is on how constitutional history influences the creation of the Constitutional Court in Thailand and South Korea. The study also explains how the formation or the selection of the justices of the Constitutional Court, because it is influenced by the system of government in each country, exposes the Court to political interests. The research further gives insight into how functions of the Constitutional Courts determine the Courts’ closeness to political interests. To complete the study, a set of relationship has come into play and that is the more diverse the cases the Constitutional Courts in Thailand and South Korea handle, the less susceptible the Courts are to political interests. The study has shown that interactions exist between the Constitutional Court and the political interests at the early stage of the Court’s formation. The functions, which are tantamount to the ‘brain’ of the Constitutional Courts, are also designed so that the Courts must scrutinize the political post holders, among other jurisdictions. The actions, or the cases heard by the Constitutional Courts of the two countries, put the Courts in contact with the political interests as well.