The Evolution of Constitutional Courts in East and Southeast Asia

Abstract

This paper provides a historical review of the rise and development of constitutional courts in East and Southeast Asia, including those in Taiwan, South Korea, Mongolia, Thailand, and Indonesia (listed here according to the chronological order of their establishment). It provides a comparative perspective on the role and performance of constitutional courts in the political and legal systems of these Asian countries. It also attempts to develop a theoretical framework for the study of constitutional courts in Asia, building upon and refining Bjorn Dressel’s typology of judicial politics which consists of the fourfold categorizations of “judicial muteness”, “judicial restraint”, “judicial activism”, and “politicization of the judiciary”, and applying the typology to the five constitutional courts mentioned above. Finally, it will consider the implications or lessons of the experience of these Asian constitutional courts for other Asian countries that do not have constitutional courts.