Judicialization of Politics and the Korean Constitutional Court: the Party Chapter Abolition Case
Hannes B. Mosler – 2014
In 2004 South Korea’s Constitutional Court declared the newly revised Political Parties Act constitutional, whereby it reaffirmed the prohibition of local party organizations by law. Party chapters represent the “party on the ground” and lie at the heart of both the organizational and procedural dimension of the party system. Removing them is thus akin to “emasculating” the political parties and can be understood as a major interference with the realization of democracy. Based on the concept of judicialization of politics this article investigates the decision’s juridical rationality and cogency for its formal correctness and actual appropriateness by comparing it with three different authoritative references: the readings of the relevant Korean Constitutional norms as advanced by Korean scholars of Constitutional law, the interpretation of equivalent norms in the German Constitution, and a judgment by the Court itself in a closely related case.