Download or read book Democratic Transition and Constitutional Justice Post Reformasi Constitutional Adjudication in Indonesia written by Iwan Satriawan and published by IIUM PRESS. This book was released on 2020-05-04 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fall of New Order Regime under President Suharto saw the emergence of Reformasi (Reformation) and the beginning of various institutional and governmental changes done in the pursuit of democracy in Indonesia. Constitutional justice is fundamental to the success of democratic transition in the country. One of the results democratic reform and constitutional changes after Reformasi in 1998 is the establishment of the Constitutional Court of the Republic of Indonesia.
Download or read book Law and Politics of Constitutional Courts written by Stefanus Hendrianto and published by Routledge. This book was released on 2018-04-17 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.
Download or read book A Practical Guide to Constitution Building written by Winluck Wahiu and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Download or read book Designing Democracy written by Cass R. Sunstein and published by Oxford University Press, USA. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.
Download or read book Guidelines for Understanding Adjudicating and Resolving Disputes in Elections written by Chad Vickery and published by IFES. This book was released on 2011 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The State and Illegality in Indonesia written by E. Aspinall and published by BRILL. This book was released on 2011-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The popular 1998 reformasi movement that brought down President Suharto’s regime demanded an end to illegal practices by state officials, from human rights abuse to nepotistic investments. Yet today, such practices have proven more resistant to reform than people had hoped. Many have said corruption in Indonesia is "entrenched". We argue it is precisely this entrenched character that requires attention. What is state illegality entrenched in and how does it become entrenched? This involves studying actual cases. Our observations led us to rethink fundamental ideas about the nature of the state in Indonesia, especially regarding its socially embedded character. We conclude that illegal practices by state officials are not just aberrations to the state, they are the state. Almost invariably, illegality occurs as part of collective, patterned, organized and collaborative acts, linked to the competition for political power and access to state resources. While obviously excluding many without connections, corrupt behaviour also plays integrative and stabilizing functions. Especially at the lower end of the social ladder, it gets a lot of things done and is often considered legitimate. This book may be read as a defence of area studies approaches. Without the insights that grew from applying our area studies skills, we would still be constrained by highly stylised notions of the state, which bear little resemblance to the state’s actual workings. The struggle against corruption is a long-term political process. Instead of trying to depoliticize it, we believe the key to progress is greater popular participation. With contributions from Simon Butt, Robert Cribb, Howard Dick, Michele Ford, Jun Honna, Tim Lindsey, Lenore Lyons, John McCarthy, Ross McLeod, Marcus Mietzner, Jeremy Mulholland, Gerben Nooteboom, J Danang Widoyoko and Ian Wilson. This book is the result of a series of workshops supported, among others, by the Australian-Netherlands Research Collaboration (ANRC).
Download or read book Constitutionalism Identity Difference and Legitimacy written by Michel Rosenfeld and published by Duke University Press. This book was released on 1994 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR
Download or read book Practising Self Government written by Yash Ghai and published by Cambridge University Press. This book was released on 2013-08-29 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how the constitutional frameworks for autonomies around the world really work.
Download or read book The Degradation of the International Legal Order written by Bill Bowring and published by Routledge. This book was released on 2008-02-19 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing the basis for critical engagement with the pessimism of the contemporary age, The Degradation of the International Legal Order? argues passionately for a rehabilitation of the honour of historic events and processes, and of their role in generating legal concepts. Drawing primarily from the Marxian tradition, but also engaging with a range of contemporary work in critical theory and critical legal and human rights scholarship, this book analyses historical and recent international events and processes in order to challenge their orthodox interpretation. What is thus proposed is a new evaluation of international legal principles and human rights norms, the revolutionary content of which, it is argued, turns them from mere rhetoric into powerful weapons of struggle. Accessibly written, but theoretically sophisticated, this original and timely book is intended for critical teachers and students of international law, human rights, and international relations, as well as legal and political activists.
Download or read book The Leiden Legacy written by Peter Burns and published by Brill Academic Publishers. This book was released on 2004 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Dutch colonial power in Indonesia in the nineteenth century needed to clarify its understanding of the legal values and conventions of the peoples whom it claimed to rule. Dutch colonial lawyers tended to rationalize this legal culture, lumping together all kinds of indigenous legal customs from different areas as manifestations of adatrecht, or, customary law. The status of this legal system vis-a-vis Dutch colonial law was a source of continual depute and disagreement. The champions of adatrecht known as the Leiden School, with C. van Vollenhoven in the forefront, scored a victory around 1927 when adatrecht gained official recognition, though on the other hand it became the subject of mounting criticism. After World War II, the independent state of Indonesia paid lip service to adatrecht principles, but in practice treated it as irrelevant, or even an embarrassment."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Download or read book Freedom in the World 2005 written by Freedom House and published by Rowman & Littlefield. This book was released on 2005 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 192 countries and a group of select territories are used by policy makers, the media, international corporations, and civic activists and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. Press accounts of the survey findings appear in hundreds of influential newspapers in the United States and abroad and form the basis of numerous radio and television reports. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development. Freedom House is a nonprofit, nonpartisan organization that supports democratic change, monitors freedom, and advocates for democracy and human rights.
Download or read book Land Law and Disputes in Asia written by Yuka Kaneko and published by Routledge. This book was released on 2021-09-16 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.
Download or read book Islam and the Secular State written by Abdullahi Ahmed An-Na'im and published by Harvard University Press. This book was released on 2010-03-30 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
Download or read book Constituting Religion written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2018-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Download or read book Indonesian Constitutional Reform 1999 2002 written by Denny Indrayana and published by Penerbit Buku Kompas. This book was released on 2008 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Divers Paths to Justice written by Marcus Colchester and published by Forest Peoples Programme. This book was released on 2011 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ruling Before the Law written by William Hurst and published by Cambridge University Press. This book was released on 2018-04-19 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
