A Study on Constitutionality Review in the Legislative Process of the National Assembly: Focusing on the Problem of Constitutional Interpretation

Abstract

It is normatively self-evident and practically required that laws enacted by the legislature, which is organized and empowered by the Constitution, conform to the values and principles of the Constitution. To this end, the establishment of a dedicated constitutional adjudicatory body charged with making such determinations has come to be widely accepted as the institutional means of realizing the constitution. Under these conditions, the rulings of such a body acquire, in practice, decisive weight in addressing various issues surrounding what the Constitution means and what its particular provisions signify. However, it can hardly be regarded as desirable that, in the domain of constitutional interpretation, the conclusions of a specific state institution should operate as a reason for heedlessly abandoning or failing to grasp with sufficient care the task of recognizing and pursuing the dynamic structure of constitutional understanding and practice. Inquiry into the significance and the modalities of constitutionality review within the legislative process of the National Assembly provides an important occasion for examining how constitutional interpretation ought to be undertaken, from a broad perspective encompassing both the state and the people. Through an examination of this topic, it becomes apparent that the questions the Constitution poses are not brought to a close by the discrete response of any specific state institution, but are matters to be addressed through an open and reciprocal process in which criticism, acceptance, response, and new challenges follow upon one another.