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Association of Asian Constitutional Courts and Equivalent Institutions

Association of Asian Constitutional Courts and Equivalent Institutions

About

The Association of Asian Constitutional Courts and Equivalent Institutions (AACC) is a regional organisation of constitutional justice established in July of 2010 to promote the development of democracy, the rule of law and the fundamental rights and freedoms in Asia. It is the inherent purpose of the forum to contribute to the strengthening of the independence of constitutional and human rights adjudication bodies and thereby to the observance of fundamental legal principles and human rights.

The AACC is defined in Article 2 of its Statute as “an autonomous, independent, and non-political body”. The Statute lists its objectives as follows:

the protection of human rights;
the guarantee of democracy;
the implementation of the rule of law;
the independence of constitutional courts and equivalent institutions;
the cooperation and exchange of experiences and information among its members.

The Association engages in activities to explore the issues of common interest in the region and to increase cooperation and solidarity by sharing perspectives and best practices. Toward this end, it holds regular meetings among its members, organizes symposia/seminars in order to discuss specific topics of constitutional justice, provides technical assistance and support to its members, and cooperates with other international organisations in the field of human rights and constitutional justice.

The AACC has a total of 21 members. Membership of the Association is open to Asian constitutional courts and equivalent institutions which exercise constitutional jurisdiction (Article 6 of the AACC Statute).

In addition, status of an observer may be granted to supranational courts, constitutional courts, and equivalent institutions by a decision of the Board of Members (BoM) (Article 9 of the AACC Statute) and guests may be also invited by the President of the Association to attend the Congress and Association’s activities such as symposia, workshops and seminars (Article 10 of the AACC Statute).

The Constitutional Court of the Kingdom of Thailand currently holds the term presidency of the AACC (2023-2025).

6^th Congress of the AACC

The 6^th Congress of the AACC was hosted by the Constitutional Court of the Kingdom of Thailand in Bangkok, on 17-21 September 2024. President of the Turkish Constitutional Court Mr. Kadir Özkaya, Justice Mr. İrfan Fidan, Secretary General Mr. Murat Azaklı, and Deputy Secretary General Mr. Mücahit Aydın attended the Congress in representation of the Turkish Constitutional Court.

The Congress started with the Board of Members Meeting. The meeting proceeded with the discussions on the cooperation between the AACC and certain international organisations and conferences, the financial matters, as well as the signing of a memorandum of understanding between the AACC and the Ibero-American Conference on Constitutional Justice. In this regard, President of the Constitutional Court Mr. Kadir Özkaya, underlined the significance of the cooperation between these organisations and conferences.

During the second session of the meeting, the activity report regarding the AACC presidency of the Constitutional Court of the Kingdom of Thailand and the reports issued by the Permanent Secretariats were discussed. In this sense, on behalf of the Permanent Secretariat of the Center for Training and Human Resources Development of the AACC, the Turkish Constitutional Court Secretary General Mr. Murat Azaklı pointed out the annual organisation of Summer School programs and presented a report on the activities of the Turkish Constitutional Court within the AACC.

On the second day of the meeting, a symposium was held in three sessions. In the first session, President Özkaya delivered a presentation on “The Role of Constitutional Courts and Equivalent Institutions in Strengthening Constitutional Justice within the Context of Sustainable Society”.

During the Board of Members Meeting held at the end of the symposium, the final document “Bangkok Declaration”, which is the output of the 6^th Congress of the AACC, and the next term presidency of the AACC were discussed.

The “Bangkok Declaration”, which marked the end of the negotiations, was announced on 19 September 2024. With the support and initiatives of the Turkish Constitutional Court, the Declaration highlighted the gross violations of human rights, including in the Occupied Palestinian Territory, and expressed the common commitment of the signatories to act in unity and solidarity to maintain sustainable justice, peace and security throughout the world and to remove obstacles to the rights and freedoms of individuals, in particular the right to life. The members present at the Congress unanimously agreed that the Constitutional Court of the Republic of Uzbekistan should hold the presidency for the years 2025-2027 and the Supreme Court of the Philippines for the years 2027-2029.

(Click for the Bangkok Declaration).

Secretariats

The Joint Permanent Secretariat of the Association is composed of the Center for Training and Human Resources Development based in Ankara (Türkiye), the Permanent Secretariat for Planning and Coordination based in Jakarta (Indonesia), and the Permanent Secretariat for Research and Development based in Seoul (South Korea).

i) The Center for Training and Human Resources Development (CTHRD) is undertaken by the Constitutional Court of the Republic of Türkiye. CTHRD is in charge of:

Conducting training programs, including summer schools, workshops and similar programs within the framework of the Association,
Providing educational materials to the representatives of the participating Members,
Coordinating the participation of the representatives of the Members in training activities organized by the Center.

ii) The Permanent Secretariat for Planning and Coordination (PSPC) managed by the Constitutional Court of the Republic of Indonesia is responsible for:

Rendering protocol and administrative support to the Association and its Members,
Encouraging and giving support to the Association in the conduct of relations with international organisations and forums, and other external parties,
Coordinating activities for the development of human resources, the exchange of human resources, scholarships and internships, excluding activities of the Center for Training and Human Resources Development,
Planning and coordinating financial matters concerning the activities of the Association.

iii) The Permanent Secretariat for Research and Development (PSRD), under the administration of the Constitutional Court of the Republic of Korea, is responsible for conducting works in comparative constitutional law, especially focusing on the role of constitutional jurisdiction bodies. It fulfils this function by:

Planning, conducting and coordinating joint research activities among members and with third parties,
Conducting studies and formulation of proposals for research activities in the sphere of constitutional justice,
Publishing an international journal on the outcome of the research activities conducted,
Constructing and managing a database of profiles and key decisions of Members,
Conducting research and development activities for the promotion of constitutionalism,
Organizing international conferences, seminars and forums at Court Member/Judge level and researcher level on the chosen themes.

Members

Member institutions of the AACC are as follows:

Constitutional Court of the Republic of Indonesia, 2010 (Permanent Secretariat)
Constitutional Court of the Republic of Korea, 2010 (Permanent Secretariat)
Constitutional Court of the Republic of Türkiye, 2012 (Permanent Secretariat)
Supreme Court of the Philippines, 2010
Federal Court of Malaysia, 2010
Constitutional Court of Mongolia, 2010
Constitutional Court of the Kingdom of Thailand, 2010
Constitutional Court of the Republic of Uzbekistan, 2010
Supreme Court of Pakistan, 2012
Constitutional Court of Russian Federation, 2012
Constitutional Court of the Republic of Tajikistan, 2012
Independent Commission for Overseeing the Implementation of the Constitution of the Islamic State of Afghanistan, 2013
Constitutional Council of the Republic of Kazakhstan, 2013
Constitutional Court of Azerbaijan Republic, 2014
Constitutional Chamber of the Supreme Court of the Kyrgyz Republic, 2015
Constitutional Tribunal of the Republic of the Union of Myanmar, 2016
Supreme Court of India, 2019
Supreme Court of the Maldives, 2019
Supreme Court of Bangladesh, 2020
Constitutional Court of the Hashemite Kingdom of Jordan, 2021
Supreme Constitutional Court of Palestine, 2022

Click to access the official website of the AACC.

Term-Presidency of the Turkish Constitutional Court

In the Inaugural Congress held in 2012 in Seoul, the Turkish Constitutional Court assumed the term-presidency of the Association for a period of two years, from 2012 to 2014.

Under the term-presidency of the Turkish Constitutional Court, the Board of Members Meeting was held in Ankara in 2013. In this meeting, the Board approved the membership application of the Independent Commission for Overseeing the Implementation of the Constitution of Afghanistan and the Constitutional Court of the Republic of Kazakhstan. In addition, the Constitutional Court of Georgia was granted observer status.

In that BoM Meeting, the Turkish Constitutional Court proposed that an academic event addressing mid-level judges or legal staff be organized on a yearly basis under the activities of the Association to share views and experiences on the legal framework and practice on human rights and constitutional justice. Such a continuous event would also serve to advance existing ties between the member institutions.

In this framework, the Turkish Constitutional Court held the 1^st Summer School in Ankara on the “Principle of Equality and Prohibition of Discrimination” between 6-13 October 2013. In addition to the European Court of Human Rights, all member institutions were represented in this very first event, and presentations made by participants were collected in a book under the title of “Constitutional Justice in Asia”. Since then, the Turkish Constitutional Court holds Summer School every year with growing interest from member as well as guest institutions.

The Turkish Constitutional Court held the 2^nd Congress in Istanbul, Türkiye on 27-30 April 2014. At the BoM meeting held right before the Congress, the Constitutional Court of the Republic of Azerbaijan was admitted to the Association unanimously. A resolution was also made at the meeting to hold Summer Schools on a yearly and regular basis under the patronage of the Turkish Constitutional Court.

The academic program of the Congress was divided into 4 sessions with different themes: the “Protection of Human Rights by Constitutional Courts”, “Relations between Constitutional/Supreme Courts and the Parliament”, “Methods of Interpretation in Constitutional Justice” and the “Role of Constitutional and Supreme Courts in the Protection of Constitutional Order”. Around 200 participants comprising of the presidents, justices, and staff members of Constitutional and Supreme Courts of 23 countries, as well as international bodies and associations, including the Venice Commission of the European Council, the Conference of European Constitutional Courts, and the Conference on Constitutional Jurisdictions of Africa attended the 2^ndCongress. The Congress was ended with the adoption of Istanbul Declaration.

With this Congress, the Turkish Constitutional Court successfully completed its term-presidency, and the Indonesian Constitutional Court was elected to carry the flag of the Association for the following term.

Summer School

The Turkish Constitutional Court organizes Summer School events on a yearly basis with the aim to address mid-level judges or jurists, assistant judges, legal experts, advisors or legal staff serving at Constitutional Courts/Institutions. The working languages of the program are English and Russian, in accordance with the official languages of the AACC. The First Summer School was held in 2013. Since then it has continued on a regular basis:

The 12^th Summer School on the “Use of Information Technologies and Artificial Intelligence in the Higher Judiciary”, 30 September – 1 October 2024, Ankara (for further details).
The 11^thSummer School on the “Judicial Independence as a Safeguard of the Right to a Fair Trial”, 18-19 September 2023, Ankara (for further details).
The 10^thSummer School on the “Interpretation of Constitution in the Protection of Fundamental Rights and Freedoms”, 21-23 September 2022, Ankara (for further details).
The 9^thSummer School on the “Current Problems in Execution of Judgments: Constitutional Justice” , Online 7 – 8 September 2021, Ankara (for further details).
The 8^thSummer School on the “Restriction of Human Rights and Freedoms in Health Emergencies: The Example of Covid-19” , Online 7 – 8 September 2020, Ankara (for further details).
The 7^thSummer School on the “Presumption of Innocence”, 8-14 September 2019, Ankara (for further details).
The 6^thSummer School on the “Right to Liberty and Security”, 17-22 September 2018, Ankara (for further details).
The 5^thSummer School on the “Migration and Refugee Law”, 17-24 September 2017, Ankara (for further details).
The 4^thSummer School on the “Respect for Private and Family Life”, 2-9 October 2016, Ankara (for further details).
The 3^rdSummer School on the “Freedom of Expression and Freedom of Organization”, 30 August-9 September 2015, Ankara.
The 2^ndSummer School on the “Principles of Fair Trial”, 24 August-3 September 2014, Ankara.
The 1^stSummer School on the “Principle of Equality and Prohibition of Discrimination”, 6-13 October 2013, Ankara.

Click for the books (English) collecting the presentations delivered during Summer Schools.

Congresses

2022 – The 5^th Congress of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC), themed “Recent Developments of Constitutional Justice in Asia” was hosted by the Constitutional Court of Mongolia, holding the term presidency, in a hybrid format in Ulaanbaatar. The then President of the Constitutional Court Mr. Zühtü Arslan and the accompanying delegation participated in the Congress. The Congress started with the AACC Board of Members’ Opening Meeting held at the Ministry of Foreign Affairs of Mongolia. After meeting with Mr. Namjil Chinbat, Chief Justice of the Constitutional Court of Mongolia, President of the Turkish Constitutional Court participated in the Board of Members’ Opening Meeting. The delegation of the Turkish Constitutional Court presented the activity report of the Center for Training and Human Resources Development of the AACC.

The Congress was held in two sessions. President of the Turkish Constitutional Court moderated the 1^st Session on the first day, and held bilateral meetings, respectively, with Mr. Zandanshatar Gombojav, Chairman of the State Great Hural (Parliament) of Mongolia, and then Mr. Zandanbat Dorjsuren, Auditor General of Mongolia on the second day before the 2^nd Session.

President of the Turkish Constitutional Court was presented, by Mr. Zandanshatar Gombojav, the Order of “Polar Star”, Mongolia’s highest civilian award. During the official ceremony held in the State Palace, the Presidential decree bestowing the award of the order to the President for his significant and valuable contributions to the enhanced relations between the Constitutional Courts of Türkiye and Mongolia, as well as to the AACC’s activities, was read out.

At the end of the 5^th Congress of the AACC, the Ulaanbaatar Declaration was adopted. In addition, the application submitted by the Palestinian Supreme Constitutional Court for membership of the AACC was endorsed also with the support of the Turkish Constitutional Court, and thereby the number of members of the AACC has increased to 21.

2021 – Within the scope of the activities of the AACC, an international symposium was held by the Constitutional Council of Kazakhstan on 26-27 August 2021 along with the meetings of Board of Members and General Secretaries via video conference method.

At the Board of Members Meeting, it was decided to accept the Constitutional Court of the Hashemite Kingdom of Jordan as a member of the Association, to cooperate and sign an agreement between the Conference of European Constitutional Courts and the AACC, and to participate in the 5^th Congress of the World Conference on Constitutional Justice. It has been agreed that the new term presidency will be transferred to the Mongolian Constitutional Court in line with the decision taken earlier, and that the next term (2023-2025) will be handed over to the Constitutional Court of Thailand. With the membership of the Constitutional Court of the Hashemite Kingdom of Jordan, the total number of members of the Association increased to 20.

2020 – The 4^th Congress of the AACC was held via video conference due to the precautions of COVID-19 pandemic.

The then President of the Turkish Constitutional Court and the accompanying delegation participated in the Congress organized between 26 – 28 August 2020 under the auspices of the Constitutional Council of Kazakhstan in its capacity of the Term-President of the AACC.

During the Board of Members Meeting (BoM), the then Secretary General of the Turkish Constitutional Court presented the activity report of the Center for Training and Human Resources of the AACC, and he gave detailed information about the Summer Schools organized by the Turkish Constitutional Court and emphasized the importance of the Summer School programs which have been organized since 2013 with growing interest from the members as well as guest institutions.

The symposium to be held in Kazakhstan next year was discussed as an item of the agenda of BoM Meeting. Upon the proposal of the President of the Turkish Constitutional Court, “Internet and Fundamental Rights and Freedoms” was accepted as a theme of the symposium.

The academic program was held under the title off “The XXI century Constitution- the Rule of Law, the Value of Person and the Effectiveness of State”. The Congress was divided to three sessions. The first session was titled “Constitution and the Rule of Law: Challenges and Ways of Solutions.” The second session was titled “Protection of Constitutional Human Rights and Democratic Values in the Digital Transformation Era.” The third session was entitled “Constitutional Principles of Modernization of a Modern and Efficient State”. At this session, the then Deputy Secretary General of the Turkish Constitutional Court intervened regarding the case-law of the Turkish Constitutional Court with regard to the e-hearings conducted via digital technology.

In the 4^th Congress, Supreme Court of Bangladesh was accepted as the 19^th member of the Association. The 4^th Congress of the AACC ended with the adoption of the joint declaration. (Click for the Nur-Sultan Declaration).

2019 – In the BoM Meeting held in November 2019 in Bali, Indonesia, the Constitutional Court of Kazakhstan took over the term-presidency. The Supreme Court of India and the Supreme Court of Maldives joined the Association on this occasion.

2017 – In the BoM Meeting held in Solo, Indonesia in August 2017, the Federal Court of Malaysia was elected as the term-president of the Association.

2016 – In the 3^rd Congress of the AACC held in Bali, Indonesia on 9 August 2016, the Statute of the Association was amended to lay the foundation of the Permanent Secretariat of the Association. The Permanent Secretariat is a joint undertaking by the Constitutional Court of Türkiye, the Constitutional Court of Indonesia, and the Constitutional Court of Korea. Accordingly, the Joint Permanent Secretariat of the Association is composed of “the Center for Training and Human Resources Development” based in Ankara (Türkiye), “the Secretariat for Planning and Coordination” based in Jakarta (Indonesia), and “the Permanent Secretariat for Research and Development” based in Seoul (South Korea). The amendment also included a provision recognizing Russian as the working language of the Association. Accordingly, the official working languages of the Association are English and Russian. Click for the Statute of the AACC.

2014 – The 2^nd Congress of the AACC was held by the Turkish Constitutional Court in Istanbul on 27-30 April 2014. At the Congress, the Constitutional Court of Azerbaijan acquired the membership of the Association. The Istanbul Declaration was adopted, and the Indonesian Constitutional Court was elected as the term-president after Türkiye.

2013 – The Board of Members Meeting was held in Ankara in 2013. In this meeting, the Board approved the membership application of the Independent Commission for Overseeing the Implementation of the Constitution of Afghanistan and the Constitutional Court of the Republic of Kazakhstan. In addition, the Constitutional Court of Georgia was granted observer status.

2012 – The AACC held its Inaugural Congress on 20-24^th of May 2012 in Seoul, Korea under the theme of “The present and the Future of the Constitutional Justice in Asia”. In this very first Congress, the Turkish Constitutional Court has officially acquired the status of membership. The Seoul Declaration was adopted at the end of the Congress, and the Turkish Constitutional Court assumed the term-presidency of the Association.

2011 – The Board of Members held a preparatory meeting in May 2011 during of which the Inaugural Congress of 2012 was planned and the membership of the Constitutional Courts of Türkiye, Russia, and Tajikistan was approved.

2010 – On 12 July 2010, the AACC was officially founded by “the Declaration of Jakarta on the Establishment of the Association of Asian Constitutional Courts and Equivalent Institutions”. The signatories included the Constitutional/Federal Courts of Indonesia, Korea, Malaysia, Mongolia, Philippines, Thailand and Uzbekistan.

2005 – 2010 – The AACC was initially designed during the 3^rd Seminar of Asian Constitutional Court Judges (CACCJ) held in Ulaanbaatar, Mongolia in 2005. Participants of this Seminar agreed on the need to gather Asian constitutional institutions under the umbrella of one organisation. For that purpose, in the 5^th CACCJ organised in Seoul, Korea in 2007, the respective institutions of Indonesia, Korea, Mongolia and the Philippines signed a Memorandum of Understanding forming a preparatory committee. The preparatory committee realised four meetings in Seoul, Korea between 2008 and 2010 to finally decide, with the participation of seven countries in 2010, on the statute of the future association and its official formation date.