Studies Of Constitutional Review System Of Korea And Suggestions On Establishing Constitutional Review System In China

Korea had established constitutional review system since its First Constitution. In the field of constitution review, with the transform of political power and democratic movements, Korea had adopted not only constitution court but also judicial review and constitution committee in the past 40 years. However, none of those reforms are succeeded. In 1987, after the Constitutional Reform, the newly established Constitutional Court was proved as a big success by over ten-year exercise and contributed greatly to the Rule in Law in Korea society and the protecting of Constitution. This dissertation firstly analyzed the definition of Constitutional Review and related definitions, then categorized the main patterns of Constitutional Review and the defects of each pattern. Secondly, by analyzing the construction of Korea Constitution Court and focusing on the five constitutional review jurisdictions, this dissertation concludes the feature of Constitution Court in Korea. By doing the analysis, based on Chinese characters and the experience of Korea Constitutional Court, the dissertation proposed that a Constitutional Court should be established under the China Central People's Committee, and by doing that establish a effective constitutional review system in China.