Michal Tomášek
Author’s affiliation: Faculty of Law, Charles University in Prague

Political Question in the Process of Constitutionality Review in the Far East

Jurisprudence 1/2017 Section: Articles Page: 25-31

Keywords: China, South Korea, Taiwan, Supreme Court, Constitutional Court, political question

Abstract: Constitutionality review does not have a very long tradition in Far East countries. For the first time, it was introduced in Japan with the Constitution of 1947 written by American experts. Since then, the Supreme Court of Japan has established constitutionality review as current practice. In South Korea, the Constitutional Court was created for the same purpose in 1988 according to the German model. In the People´s Republic of China, constitutionality review is not performed by courts but by the Standing Committee of the National People´s Assembly. In the Republic of China (Taiwan), the Council of Grand Justices was created in 1948 for this purpose. The political question doctrine has had several manifestations in activities of the above-mentioned courts and institutions.