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these organizations’ exercise of power must be within the scope

stipulated in the Constitution and must be in accordance with the Rule
of Law. That is, the use of power by various organizations needs a
variety of checks and balances ranging from legitimate background, to
the method of exercising power, and the method of checking. This is to
avoid manipulation by any particular organization in interpreting the Rule
of Law to such an extent that it seems there is some different
constitution. According to the draft Constitution (April 2015), regarding
the scope of competence of political institutions, the Senate’s power will
be increased, the Constitutional Court’s jurisdiction will be extended, and

existing mechanisms for inspecting the exercise of state power will be
redesigned, with new mechanisms added. Therefore, it is vital to have a
discussion concerning the use of power by various organizations in
terms of checks and balances, starting from the access to power, the
use of power, and the monitoring of the use of power, either through
the internal audit, audit by other organizations, or the people.

Issues for group discussion

1) The interpretation of “the Rule of Law” by organizations using
various kinds of state power, particularly interpretation by the

Constitutional Court and the outcomes of such interpretation.

2) The impact of the interpretation of the Rule of Law by the
Constitutional Court on society and various organizations in
terms of binding effects, the directives based on the Court’s
decisions, and social confidence in the Constitutional Court

due to its decisions.

3) Mechanisms for checking and balancing of the use of state
power so that it will comply with the criteria set by the
Constitution and will be under Rule of Law. This includes

access to power, the use of power, and the checking of

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