Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia

Democracy which gives power to the majority may lead to hegemony of majority which potentially threaten rights of the minority. In response to such threats some scholars have formulated a new paradigm of democracy called “constitutional democracy”. This article compares the experience of Indonesia a...

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Main Authors:	Satriawan, Iwan, Mokhtar, Khairil Azmin, Islami, Muhammad Nur, Farar, Salim
Format:	Conference or Workshop Item
Language:	English
Published:	Universitas Muhammadiyah Yogyakarta 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/56505/ http://irep.iium.edu.my/56505/ http://irep.iium.edu.my/56505/1/56505_Strengthening%20Constitutional%20Democracy.pdf

id	iium-56505
recordtype	eprints
spelling	iium-565052017-05-03T01:55:55Z http://irep.iium.edu.my/56505/ Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia Satriawan, Iwan Mokhtar, Khairil Azmin Islami, Muhammad Nur Farar, Salim K Law (General) Democracy which gives power to the majority may lead to hegemony of majority which potentially threaten rights of the minority. In response to such threats some scholars have formulated a new paradigm of democracy called “constitutional democracy”. This article compares the experience of Indonesia and Australia in incorporating the principle of constitutional democracy into their Constitutions and in creating institutions that guarantee and protect constitutional rights of their citizens. This is a doctrinal research which uses comparative approach. The establishment, role and powers of constitutional adjudication institutions in realizing the goal of state in both countries are examined and assessed. The two countries adopt different model of constitutional adjudication. Indonesia follows kelsenian model as practiced in most European countries, while Australia follows the common law model which functions the high courts as constitutional adjudication institution. The study concludes that the Constitutional Court of Indonesia and the High Court in Australia are part of the realization the goal of the countries be democratic states based on the rule of law. The Courts perform their function as the guardian of the Constitution and protector the constitutional rights of citizen with varying degree of success. The constitutional adjudication in both countries also plays a role as checks and balances mechanism of other main organs in the constitutional system. The existence of the Constitutional Court in Indonesia and the High Courts in Australia has contributed to the upholding the principle of constitutional democracy and strengthening the consolidation of democracy. Universitas Muhammadiyah Yogyakarta 2017-04-05 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/56505/1/56505_Strengthening%20Constitutional%20Democracy.pdf Satriawan, Iwan and Mokhtar, Khairil Azmin and Islami, Muhammad Nur and Farar, Salim (2017) Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia. In: International Conference on Law and Society 6 (ICLAS 6), 4th-7th April 2017, Yogyakarta, Indonesia. http://iclas6.umy.ac.id/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Satriawan, Iwan Mokhtar, Khairil Azmin Islami, Muhammad Nur Farar, Salim Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia
description	Democracy which gives power to the majority may lead to hegemony of majority which potentially threaten rights of the minority. In response to such threats some scholars have formulated a new paradigm of democracy called “constitutional democracy”. This article compares the experience of Indonesia and Australia in incorporating the principle of constitutional democracy into their Constitutions and in creating institutions that guarantee and protect constitutional rights of their citizens. This is a doctrinal research which uses comparative approach. The establishment, role and powers of constitutional adjudication institutions in realizing the goal of state in both countries are examined and assessed. The two countries adopt different model of constitutional adjudication. Indonesia follows kelsenian model as practiced in most European countries, while Australia follows the common law model which functions the high courts as constitutional adjudication institution. The study concludes that the Constitutional Court of Indonesia and the High Court in Australia are part of the realization the goal of the countries be democratic states based on the rule of law. The Courts perform their function as the guardian of the Constitution and protector the constitutional rights of citizen with varying degree of success. The constitutional adjudication in both countries also plays a role as checks and balances mechanism of other main organs in the constitutional system. The existence of the Constitutional Court in Indonesia and the High Courts in Australia has contributed to the upholding the principle of constitutional democracy and strengthening the consolidation of democracy.
format	Conference or Workshop Item
author	Satriawan, Iwan Mokhtar, Khairil Azmin Islami, Muhammad Nur Farar, Salim
author_facet	Satriawan, Iwan Mokhtar, Khairil Azmin Islami, Muhammad Nur Farar, Salim
author_sort	Satriawan, Iwan
title	Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia
title_short	Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia
title_full	Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia
title_fullStr	Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia
title_full_unstemmed	Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia
title_sort	strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between indonesia and australia
publisher	Universitas Muhammadiyah Yogyakarta
publishDate	2017
url	http://irep.iium.edu.my/56505/ http://irep.iium.edu.my/56505/ http://irep.iium.edu.my/56505/1/56505_Strengthening%20Constitutional%20Democracy.pdf
first_indexed	2023-09-18T21:19:44Z
last_indexed	2023-09-18T21:19:44Z
_version_	1777411801286180864

Strengthening constitutional democracy through constitutional adjudication institutions: a comparative study between Indonesia and Australia

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