The Korea Herald

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Constitutional Court rejects Saenuri challenge to Assembly Quorom

By Korea Herald

Published : May 26, 2016 - 16:35

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The Constitutional Court on Thursday dismissed a petition filed by ruling party lawmakers arguing the constitutionality of a revised parliamentary act that reinforced the quorum required to pass contested bills.

The ruling party, while expressing its respect for the court decision, urged the incoming parliament to revise the law nontheless so as to promote the parliament’s efficiency.

“This petition is not within the jurisdiction of the Constitutional Court as the given clauses have no possibility of violating the rights of the applicants,” the court said in its ruling.

The court also underlined the importance of respecting the legislature’s autonomy, thus refraining from taking the issue to a constitutional debate.
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Following the decision, clause 85 of the current National Assembly Act -- that requires a three-fifths quorum when approving a bill -- will continue to hold effect.

The revised National Assembly Act took effect in 2013 as a gesture to stop rampant physical violence in the parliament. The reinforced quorum was set to deter the majority party from abusing its power and to allow the smaller parties to voice out dissent without using violence. The revision was hailed by all rivaling parties at the time.

But the clause has been criticized, mainly by the majority-holding ruling Saenuri Party, as paralyzing the legislative functions of the 19th National Assembly.

The Saenuri, in an attempt to pass several pending bills, called for a lowered quorum and an expanded speaker discretion to table a bill on his own authority, without bipartisan consent. In January 2015, 19 Saenuri members filed the petition, claiming that the disputed clause goes against the Constitution and the democratic rule of majority.

The Minjoo Party of Korea, struggling to block the ruling camp’s push, denounced the revision move as undemocratic and self-contradictory, pointing out that the revised bill had been spearheaded by President Park Geun-hye herself back in 2012.

But following the result of the April 13 general election, the Saenuri has been observed to be less enthusiastic on lowering the legislation-deterring quorum. Having moved down to the second-largest party, the Saenuri now finds a need to deter the opposition camp from abusing its newly-gained majority.

“We respect the judgment of the court,” said the Saenuri’s floor spokesperson Min Kyung-wook.

“But the forthcoming 20th National Assembly will have to make further efforts to solve the self-contradictory factors of the current parliamentary advancement act.“

The Minjoo Party, along with the runner-up opposition People’s Party, welcomed the court’s judgment.

“The parliamentary advancement act aims at creating a political environment based on compromise and agreement,” the Minjoo said through a statement.

“We take today’s court ruling as recognizing such legislative purposes.”

By Bae Hyun-jung (tellme@heraldcorp.com)