Constitutional Review and Its Procedures

Korean Constitution has more than 60 years of history after it was ordained and established in 1948 after the emancipation of Japanese intrusion. In particular, the establishment of Korean Constitutional Court in 1988 has upgraded the Korean Constitution that has effectiveness in a real world. The Korean Constitution experienced 9 times of revision. During the experience, Korean Constitution as well as statutes and administrative regulations has equipped with many technical and procedural provisions in details on the proposal, finalization and promulgation of the Constitutional review. Korea have laid the cornerstones to stabilize the process of Constitutional review through the experiences. As far as I know, the Vietnam is considering a Constitutional review as the Constitution in 1992 has become ineffective in regulating real world. The aim of this study is to present and analyze the procedures of Constitutional review as well as other general issues of Constitutional review and give some tips for smooth Constitutional review in Vietnam without any chaos. To achieve the aim, this paper will start with defining the Constitutional review. It will also explore when is the right time of the Constitutional review. The types and limits of the Constitutional review would be examined as the general issues of the Constitutional review. After that, this paper will analyze the procedures of the Constitutional review in Korea. Conclusively, it will highlight some implications of the Korean experience for the desirable Constitutional review in Vietnam.