The Role of the Constitutional Court in Protecting the Right to Free Speech in Indonesia and South Korea
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Abstract
The aims of this study is to find out the role of the constitutional court in protecting the right to free speech in indonesia and south korea. This study use qualitative research method. The result of this study shows that freedom of expression is a fundamental right that must be protected by the state. In this case, South Korea and Indonesia each regulate the right to freedom of expression as a constitutional right in the constitutions of their respective countries. The task of safeguarding and protecting constitutional rights belongs to the Constitutional Court as the Guardian of the Constitution.
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This situation occurs not only in transitional democracies but also in stable democratic countries. Examples of countries that have gone through a period of democratic transition and have recently experienced a decline in the quality of democracy, such as Turkey, Poland and Russia. In fact, countries that have stable democracies are experiencing democratic instability, such as in the United States after the 2016 presidential election. See Tom Ginsburg and Aziz Z. Huqhttps://www.law.uchicago.edu/news/how-save-constitutional democracy.
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