Ma Eun-hyeok, a nominee for Constitutional Court justice, said on Monday the court holds a firm stance that an act of governance by the president can be subject to its judicial review.

Ma, whose candidacy was recommended by the main opposition Democratic Party(DP), made the remark at his parliamentary confirmation hearing, revealing that both the Constitutional Court and the Supreme Court stand firm.

The nominee's answer to questioning by lawmakers come in contrast to a position held by President Yoon Suk Yeol who has stated that he used his presidential power to impose martial law on December 3 and that it was an act of governance that cannot be subject to judicial review.

There are also judicial precedents from trials regarding the 1979 military revolt and the 1980 insurrection, in which both courts decided presidential governance was subject to judicial consideration.

When asked about whether the National Assembly's authority can be restricted through emergency martial law, the nominee said he understands it is not possible, but that text of the December 3 decree was understood as restricting parliament's authority.