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Jurisdictions and Organization of AACC Members자료집 AACC SRD Research Jurisdictions and Organization of AACC Members Preface This book marks the first research publication of the Secretariat for Research and Development (SRD) of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). It contains the introductory overview of the jurisdictions and organization of AACC member institutions and results of the 1st Research Conference of the AACC SRD (29 May – 1 June 2018). AACC SRD annually selects a research topic to work on and hosts a regular conference that brings together institutions of constitutional justice from across the Asian region to discuss matters of constitutional adjudication, fundamental rights and principles of constitutionalism. In doing so, AACC SRD aims to generate one publication that will be of interest not just for AACC members, but the global research community. In addition, AACC SRD is building a stimulating environment for comparative constitutional research at its office in Seoul, where seconded officers from AACC member institutions are closely working together with AACC SRD staff on a daily basis, such as during the production of this research book. The AACC is truly diverse, consisting of members from civil law and common law traditions, as well as members operating in environments which combine different legal traditions. The materials contained in this publication allow the reader to discover the similarities and differences between AACC member institutions, and can assist in developing insights for strengthening constitutional justice in the Asian region. The introductory chapter lays out the context, production process and key contents of the book. The comparative tables allow a quick overview of the basic information of AACC member institutions. The AACC Member Fact Files contain detailed information on historical backgrounds, organizational matters, constitutional jurisdictions, and key cases. The Conference Summary Report enables the reader to revisit the presentations and key points of discussion at AACC SRD’s 1st Research Conference. I sincerely believe that this volume, together with future updated editions, can act as a permanent foundation to bring AACC members closer together, to enable the global community to engage further with the AACC, and to provide inspiration for research in the field of comparative constitutional law in Asia and beyond. I extend my deepest gratitude to the AACC member institutions and the staff at AACC SRD for making this publication possible. Heon Jeong Kim Secretary General AACC SRD / Constitutional Court of Korea Congratulatory Message In this fitting month to bid farewell to the year 2018, I sincerely congratulate the Secretariat for Research and Development (SRD) of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) for reaping the harvest of hard work: its first research publication “Jurisdictions and Organization of AACC Members.” Let me extend my sincere gratitude to the staff of the AACC SRD for their enthusiasm and dedication over the course of this year. This book provides a comparative review of the jurisdictions and organizations of the AACC member institutions. The publication holds value and importance because it is unprecedented. It is an embodiment of relentless efforts put forward by the 16 AACC member institutions, not to mention the 1st Research Conference of the AACC SRD. I express my appreciation and congratulations to the AACC member institutions and the AACC SRD for their active engagement. The AACC was established by Asian constitutional courts and equivalent institutions with the aim of ensuring basic human rights and promoting the development of democracy and rule of law in Asia through constitutional justice. It can be a strenuous task to fully achieve this goal, as Asia encompasses a diverse spectrum of culture, history and religion. However, I would like to quote an old Korean saying that ‘a journey of a thousand miles begins with a single step.’ I am confident that every footstep taken by the AACC member institutions, including the publication of this book, will strengthen the respect for human rights, democracy, and the rule of law in Asia. As an AACC member institution that hosts the AACC SRD, the Constitutional Court of Korea shall duly endeavor to reach the Association’s common objectives. I earnestly hope that this book will be a useful source of information for inquisitive minds who wish to understand AACC member institutions and constitutional justice in Asia. Namseok Yoo President Constitutional Court of Korea Contents PART A. Introduction: Connecting Institutions of Constitutional Justice in Asia 1. Background and context 2 2. Method and process 4 3. Getting to know AACC members 7 PART B. AACC Members: Comparative Tables 1. Overview of AACC member institutions 12 2. Judicial appointment procedures and terms of office 12 3. Jurisdictions 15 PART C. AACC Members: Fact Files 1. Afghanistan 22 2. Azerbaijan 32 3. Indonesia 54 4. Kazakhstan 88 5. Republic of Korea 107 6. Kyrgyz Republic 136 7. Malaysia 150 8. Mongolia 166 9. Myanmar 181 10. Pakistan 191 11. Philippines 209 12. Russia 224 13. Tajikistan 241 14. Thailand 249 15. Turkey 280 PART D. 1st Research Conference of the AACC SRD: Summary Report 1. Introduction 304 2. Session I 306 3. Session II 310 4. Session III 314 5. Session IV 316 6. Session V 319 7. Session VI 322 8. Conclusion 324 PART A. INTRODUCTION: CONNECTING INSTITUTIONS OF CONSTITUTIONAL JUSTICE IN ASIA 2 Jurisdictions and Organization of AACC Members 1. Background and context 1.1 Building AACC SRD The 20th century witnessed the increased institutionalization of constitutional justice across the world. In the 21st century, this valuable achievement can be further secured and advanced. The Association of Asian Constitutional Courts and Equivalent Institutions (AACC) was established in July 2010 to promote this goal, particularly in the Asian region. According to Article 3 of the AACC Statute,1 the AACC’s objectives are the protection of human rights, the guarantee of democracy, the implementation of the rule of law, and the independence of constitutional courts and equivalent institutions. One vital step towards achieving these objectives is to increase the exchange of experiences and information among AACC members. The Secretariat for Research and Development (SRD) of the AACC provides a permanent platform for this process. Current members of the AACC are the following 16 institutions of constitutional justice: The Independent Commission for Overseeing the Implementation of the Constitution (ICOIC) of Afghanistan, the Constitutional Court of Azerbaijan, the Constitutional Court of Indonesia, the Constitutional Council of Kazakhstan, the Constitutional Court of Korea, the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic, the Federal Court of Malaysia, the Constitutional Court of Mongolia, the Constitutional Tribunal of Myanmar, the Supreme Court of Pakistan, the Supreme Court of the Philippines, the Constitutional Court of Russia, the Constitutional Court of Tajikistan, the Constitutional Court of Thailand, the Constitutional Court of Turkey, and the Constitutional Court of Uzbekistan. In August 2016 a consensus was achieved among AACC members to establish the Secretariat for Research and Development (SRD) in Seoul, hosted by the Constitutional Court of Korea. The AACC SRD officially started its operations in January 2017, and held its inaugural Justices’ Conference in 2017 (30 October – 2 November). Building on the Justices’ Conference, the idea for this book took further shape during the preparations for AACC SRD’s inaugural 2018 Research Conference. This important event, entitled Jurisdictions and Organization of AACC Members, was held in 2018 (29 May – 1 June) and set the research direction for AACC SRD and bears its fruits in this book. The publication of this book is significant for AACC SRD. Not only is this book the first official research publication of AACC SRD, but its contents are specifically designed to begin to map out the jurisdictional powers and organizational design of individual AACC members in one volume. Since the current contents are solely based on the materials made available for the 2018 AACC SRD Research Conference, future updated and expanded editions of this publication are expected. For now, this publication serves as the foundation for further in-depth research at AACC SRD. AACC SRD’s research output can connect AACC members and contribute to the global debate on constitutionalism. This introductory chapter highlights the context, process and potential of this book. 1.2 Connecting AACC members The Asian continent is diverse, and so is the membership of the AACC. Dotted across Asia, going from East to West, reaching even what may be simultaneously referred to as European parts of the world, AACC member institutions are located in Seoul, Manila, Ulaanbaatar, Jakarta, Putrajaya, Bangkok, Naypyidaw, Bishkek, Islamabad, Astana, Tashkent, Kabul, Dushanbe, Baku, Ankara and St. Petersburg. Diverse geographical locations are combined with diverse histories, cultures, economies, politics, societies, as well as legal systems and constitutional institutions. One key task of AACC SRD is to 1 Available on the AACC SRD website (About Us / AACC SRD), at: http://www.aaccrd.org/en/main.do. Introduction 3 assist AACC members in identifying commonalities and differences within the AACC framework, and together work on overcoming challenges and realizing opportunities in
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