Enforcement Mechanism of the Directive Principles of State Policy

Abstract

Because the provisions of the Constitution regarding the Directive Principles of State Policy cannot be concretely enforced because the measures of the Directive Principles of State Policy deemed mandatory are not as efficient as they should be. This essay focuses on the problems of the enforcement of the Directive Principles of State Policy, whether relating to the political or legal enforcement. From the study, it is found that the mandatory measures of the Directive Principles of State Policy are flawed, whether the mechanism of the political enforcement such as the provision that the cabinet must declare the policy before entering into office in the parliament and the preparation of the cabinet’s performance report under the Directive Principles of State Policy to the parliament once a year. The question raising and the commencement of general debate are neglected by the administrative. One mechanism is that the public can gather their names to propose a bill as prescribed the Directive Principles of State Policy. In addition, the problems regarding the legal enforcement must be taken into consideration. The judiciaries, which are the Constitutional Court and the Administrative Court, and also some organizations under the Constitution, cannot enforce the Directive Principles of State Policy in practice.