Download or read book Courts and Diversity written by Bertus de Villiers and published by BRILL. This book was released on 2024-03-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.

Download or read book Protecting Economic and Social Rights in a Constitutionally Strong Form of Judicial Review written by Andy Omara and published by . This book was released on 2017 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1999-2002 constitutional amendments to Indonesia’s Constitution inserted some important features of a modern constitution. These include the introduction of a comprehensive human rights provision and a new constitutional court. This dissertation focuses on these two features and aims to understand the roles of this new court in protecting economic and social rights (ES rights). It primarily analyzes (1) factors that explain the introduction of a constitutional court in Indonesia, (2) the Court’s approaches in conducting judicial review of ES rights cases, (3) Factors that were taken into account by the Court when it decided cases on ES rights, and (4) the lawmakers’ response toward the Court’s rulings on ES rights. This dissertation reveals that, first, the introduction of a constitutional court in Indonesia can be best explained by multiple contributing factors –not a single factor. These factors include the history of judicial review in Indonesia, the impeachment of President Abdurrahman Wahid, the fragmentation of political powers and the influence of other countries experiences. Second, Tushnet’s and Young’s typologies are actually quite helpful in conceptualizing and understanding the Indonesian Constitutional Court’s approach to judicial review. Like most constitutional courts, Indonesia’s Court has certainly not limited itself to a legal or doctrinal approach to decisions, but has taken many other factors into account in its decisions. The Court has developed several approaches to judicial review other than the approach that is expressly stated in the Constitution and the Constitutional Court Act. In general, the Court has been fairly strong in its approach to judicial review, and has not been afraid of declaring that statutes are inconsistent with the Constitution. At the same time, the Court has not consistently applied a “strong form “of judicial review in Tushnet’s concept, but has moved back and forth among different approaches depending on the nature of the case, the complexity, the financial impact, and other factors. Third, while the Court largely adopted a peremptory stance, in Young’s typology, this has also not been consistent. In some instances, the Court has entered in a more interactive discourse with the government and the legislature, also depending on the nature of the case, the impact of the decision, and the concern about leaving a legal vacuum by simply rendering an important statute void. Finally, this dissertation found that the lawmakers’ response toward the Court rulings has partly depended on what the Court wrote in its decisions. The Court has developed some techniques to anticipate the lawmaker’s response. These techniques include null-and-void decisions, declaration of incompatibility (suspension of invalidation), judicial order directed to the lawmakers, a statement upholding a statute but requiring the lawmakers to interpret the law in conformity with the court’s interpretation (conditional decision), and the invalidation of a statute in its entirety. These techniques can be explained using the five stances of Katharine G. Young’s judicial review ranging from deferential, conversational, experimental, managerial, to peremptory stances. This dissertation shows that the effect of judicial review differs across issues. Judicial review may not be likely to generate the same effective implementation in all situations. From a comparative perspective, this dissertation provides significant confirmation that the Indonesian Constitutional Court’s approaches in deciding cases on economic and social rights can be analyzed through Tushnet’s weak form and strong form of judicial review. It also contributes ample evidence that the relationship between the Indonesian Constitutional Court, the legislature, and the executive can be understood using Young’s typology of judicial review.

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 359 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 The Constitutional Court and Democracy in Indonesia written by Simon Butt and published by BRILL. This book was released on 2015-05-19 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body that actively and independently performs its functions and one which does not shy away from difficult cases. It has earned the respect of Indonesian citizens and members of government who comply with the Court's decisions as a matter of course, despite the Court's lack of official enforcement powers. Many of the Court's decisions have been controversial, yet criticism has focused on the perceived unfairness of the outcomes. This book seeks to forge a new path in this debate by offering a balanced critique of the Constitutional Court's jurisprudence and decision-making practices.

Download or read book Judicial Review in the Indonesia Constitutional Court written by Andi Sandi Ant. T. Tonralipu and published by . This book was released on 2003 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Download or read book The Indonesian Supreme Court written by Sebastiaan Pompe and published by Cornell University Press. This book was released on 2018-05-31 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the fall of Indonesian president Suharto, a major focus of the country's reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the causes of the judiciary's failure over the last five decades. This study provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.

Download or read book The Constitution of Indonesia written by Simon Butt and published by Bloomsbury Publishing. This book was released on 2012-08-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, Indonesia's 1945 Constitution, the second shortest in the modern world, was used as an apologia by successive authoritarian regimes. A bare-bones text originally intended as a temporary measure, it did little beyond establish basic state organs, including a powerful presidency. It did not offer citizens real guarantees or protections. These weaknesses were ruthlessly exploited by the military-backed regime that President Soeharto headed from 1966 until his fall in 1998. The (first ever) amendments to the Constitution, which began the following year and were completed in 2002, changed all this. Enlarging and rethinking the Constitution, they ushered in a liberal democratic system based around human rights, an open society and separation of powers. These reforms also created a Constitutional Court that has provided Indonesia's first judicial forum for serious debate on the interpretation and application of the Constitution, as well as its first significant and easily-accessible body of detailed and reasoned judgments. Today, Indonesian constitutional law is rich, sophisticated and complex. This book surveys this remarkable constitutional transition, assessing the implementation of Indonesia's new constitutional model and identifying its weaknesses. After covering key institutions exercising executive, legislative and judicial powers, the book focuses on current constitutional debates, ranging from human rights to decentralisation, religious freedom and control of the economy.

Download or read book Constitutional Interpretation written by Keith E. Whittington and published by . This book was released on 1999 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.

Download or read book Law and Democracy written by Glenn Patmore and published by ANU Press. This book was released on 2014-12-24 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.

Download or read book Comparative Studies on the Judicial Review System in East and Southeast Asia written by Yong Zhang and published by Martinus Nijhoff Publishers. This book was released on 2023-09-29 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a unique perspective on the development and status quo of judicial review in East and Southeast Asia. In particular, it answers the questions of whether the system of judicial review of administrative action functions in East and Southeast Asian countries in the same way as in Western countries, and whether this system functions in the same way in countries that adopt the principle of concentration of powers and the principle of separation of powers. Together with papers on judicial review in the Netherlands and Germany, and references to English law, the legal systems discussed constitute a heterogeneous group of developed and developing economies, continental and Anglo-Saxon systems of law and capitalist and socialist legal orders. The research and comparisons presented here form an invaluable resource for any scholar and lawyer interested in contemporary Asian law, or in the many facets of comparative administrative law.

Download or read book Administrative Courts in Indonesia written by Adiaan Bedner and published by BRILL. This book was released on 2021-09-06 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.

Download or read book Comparative Studies on the Judicial Review System in East and Southeast Asia written by International Institute for Asian Studies and published by Springer. This book was released on 1997 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers mainly prepared for a conference on "Comparative studies on judicial review in East and Southeast Asia", held in Leiden, the Netherlands, on 31 August and 1 September 1995. Focus on the theoretical and practical problems associated with the judicial review of administrative actions.

Download or read book No Place for Ethics written by T. Patrick Hill and published by Rowman & Littlefield. This book was released on 2021-10-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In No Place for Ethics, Hill argues that contemporary judicial review by the U.S. Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. Further, to assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or by making ethics an expression of law. This legal positivism was on full display recently when the Supreme Court declared that the CDC was acting unlawfully by extending the eviction moratorium to contain the spread of the Covid-19 Delta variant, something that, the Court admitted, was of indisputable benefit to the public. How mistaken however to think that acting for the good of the public is to act unlawfully when actually it is to act ethically and must therefore be lawful. To address this mistake, Hill contends that an understanding of natural law theory provides the basis for a constitutive relation between ethics and law without confusing their distinct role in answering the basic question, how should I behave in society? To secure that relation, the Court has an overriding responsibility when carrying out its review to do so with reference to normative ethics from which the U.S. Constitution is derived and to which it is accountable. While the Constitution confirms, for example, the liberty interests of individuals, it does not originate those interests which have their origin in human rights that long preceded it. Essential to this argument is an appreciation of ethics as objective and based on principles, like those of justice, truth, and reason that ought to inform human behavior at its very springs. Applied in an analysis of five major Supreme Court cases, this appreciation of ethics reveals how wrongly decided these cases are.

Download or read book Judicial Review in Indonesia written by Simon Andrew Butt and published by . This book was released on 2006 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: