Present Status and Future Development of Constitutional Jurisdiction in Asia - Foundation Office Indonesia and East Timor
Seminar
Details
Background
PRESENT STATUS AND FUTURE DEVELOPMENT OF CONSTITUTIONAL JURISDICTION IN ASIA
The aspect of the Rule of Law has gained more and more importance throughout Asian countries. Not only Human Rights but rather a reliable legal system is regarded as the core value of stability, democracy and the basis for a sustainable economic development with social commitment. Civic and economic rights are granted in many constitutions but protective mechanisms are very different in kind and their effectiveness.
Originating from the principle of Separation of Power with the three column model (legislative – executive – judicial powers) an independent constitutional court has proven to be one of the most effective instruments to safeguarding the basic rights of citizens. This can be concluded from experiences not only in Western and Eastern European countries but also in Latin America and Southern Africa.
In Asia, constitutional courts have already been established in Korea, Mongolia, Thailand and most recently in Indonesia. In other countries regular supreme courts are in charge of this function, for instance in common law countries like Singapore, Malaysia and the Philippines. In some Asian countries the introduction of separate institutions to protect the constitution and its values is under discussion, e.g. in Cambodia and in Vietnam.
This conference therefore, aims at sharing experiences with the Constitutional Courts already in operation in order to strengthen their understanding among themselves and to promote the idea of an independent guardian of the constitution. Common difficulties in daily practice and possible solutions shall also be discussed. This would enable Constitutional Courts to harmonise their judicial practice respectively to make it more comparable.
Last but not least participants shall explore perspectives for further dialogue and co-operation between Asian Constitutional Courts and other relevant organs.
Monday, 8 September 2003
PART I – PUBLIC FORUM
09:15
Welcome and Opening Remarks
Dr. Colin Dürkop, Regional Representative Konrad-Adenauer-Stiftung Singapore
Dr. Norbert Eschborn, Country Representative Konrad-Adenauer-Stiftung Indonesia
09:30
Introduction of Key-Note Speaker
09:45
The Rule of Law in Asia
10:45
An European Success Story: Constitutional Courts
Prof. Dr. Dieter C. Umbach,University of Potsdam Germany
11:15
Questions and Answers
PART II – SEMINAR
13:30
Introduction into the Seminar and Theoretical Aspects
Prof. Dr. Dieter C. Umbach, University of Potsdam Germany
14:00
Country Presentation from Indonesia
Prof. Dr. Natabaya,Constitutional Court of Indonesia
Prof. Dr. Harun Al Rasyid, Constitutional Court of Indonesia
15:00
Country Presentation from Korea
Hon. Ha Kyung-Chull, Justice of the Constitutional Court of Korea
Hon. Kwon Seong, Justice of the Constitutional Court of Korea
16:30
Country Presentation from Mongolia
Prof. Dr. Tserenbaltav Sarantuya,Constitutional Court of Mongolia
Prof. Dr. Jugnee Amarsanaa, Constitutional Court of Mongolia
17:30
Country Presentation from Thailand
Hon. Prof. Dr. Suchit Bunbongkarn, Constitutional Court of Thailand
Tuesday, 9 September 2003
09:00
Country Presentation from Cambodia
H.E. Yang Sem, Spokesman and Member, Constitutional Council of Cambodia
H.E. Son Soubert, Member of the Constitutional Council of Cambodia
10:00
Country Presentation from Philippines
Hon. Reynato S. Puno, Justice of the Supreme Court of the Philippines
Hon. Adolfo S. Azcuna, Justice of the Supreme Court of the Philippines
11:30
Perspectives for Future Cooperation between Asian Constitutional Courts
12:30
Synopsis of Seminar
Prof. Dr. Otto Depenheuer,University of Cologne Germany
13:00
Closing Remarks
Prof. Dr. Dieter C. Umbach,University of Potsdam Germany
Dr. Colin Dürkop, Regional Representative Konrad-Adenauer-Stiftung Singapore
