The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges

Constitutionalism and constitutional justice are inseparable. Constitutional norms in a country embedded in the constitution are normally administered by the constitutional court. The court as the body that adjudicates constitutional matters thus plays important role on realizing constitutionalism a...

Full description

Bibliographic Details
Main Authors:	Mokhtar, Khairil Azmin, Satriawan, Iwan
Format:	Conference or Workshop Item
Language:	English English
Published:	2018
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/70405/ http://irep.iium.edu.my/70405/ http://irep.iium.edu.my/70405/1/70405_The%20Diversity%20of%20Constitutional%20Adjudication-paper.pdf http://irep.iium.edu.my/70405/2/70405_The%20Diversity%20of%20Constitutional%20Adjudication-tentative.pdf

id	iium-70405
recordtype	eprints
spelling	iium-704052019-02-26T01:53:48Z http://irep.iium.edu.my/70405/ The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges Mokhtar, Khairil Azmin Satriawan, Iwan K Law (General) Constitutionalism and constitutional justice are inseparable. Constitutional norms in a country embedded in the constitution are normally administered by the constitutional court. The court as the body that adjudicates constitutional matters thus plays important role on realizing constitutionalism and democracy. This paper explores various frameworks of constitutional adjudication employed by countries all over the world. This is a qualitative doctrinal research which uses historical, conceptual, and legal approaches. Initially the paper defines the concept of constitutionalism, constitutional justice and democracy. It also observes grounds for adopting different methods and frameworks of constitutional adjudication in various jurisdictions and examines main models of constitutional adjudication practiced throughout the world. Issues facing constitutional adjudication in various jurisdictions are highlighted. The study found that the emergence of the concept of constitutional adjudication all over the world was the result of spirit to construct a democratic government and provide fundamental rights protection of citizen through judicial review mechanism. In addition to serve the objective constitutional adjudication mechanism also become part of checks and balances mechanism among other organs of government. The common aspiration of all countries is constitutional justice. In spite of the common theme they are differences in formulating the models of constitutional adjudication. There are several models of constitutional adjudications employed by government of different countries, and the choice of models was influenced by the historical and political background of the countries. 2018-04-11 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/70405/1/70405_The%20Diversity%20of%20Constitutional%20Adjudication-paper.pdf application/pdf en http://irep.iium.edu.my/70405/2/70405_The%20Diversity%20of%20Constitutional%20Adjudication-tentative.pdf Mokhtar, Khairil Azmin and Satriawan, Iwan (2018) The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished) https://iclas2018.org/parallel-sessions/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Mokhtar, Khairil Azmin Satriawan, Iwan The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges
description	Constitutionalism and constitutional justice are inseparable. Constitutional norms in a country embedded in the constitution are normally administered by the constitutional court. The court as the body that adjudicates constitutional matters thus plays important role on realizing constitutionalism and democracy. This paper explores various frameworks of constitutional adjudication employed by countries all over the world. This is a qualitative doctrinal research which uses historical, conceptual, and legal approaches. Initially the paper defines the concept of constitutionalism, constitutional justice and democracy. It also observes grounds for adopting different methods and frameworks of constitutional adjudication in various jurisdictions and examines main models of constitutional adjudication practiced throughout the world. Issues facing constitutional adjudication in various jurisdictions are highlighted. The study found that the emergence of the concept of constitutional adjudication all over the world was the result of spirit to construct a democratic government and provide fundamental rights protection of citizen through judicial review mechanism. In addition to serve the objective constitutional adjudication mechanism also become part of checks and balances mechanism among other organs of government. The common aspiration of all countries is constitutional justice. In spite of the common theme they are differences in formulating the models of constitutional adjudication. There are several models of constitutional adjudications employed by government of different countries, and the choice of models was influenced by the historical and political background of the countries.
format	Conference or Workshop Item
author	Mokhtar, Khairil Azmin Satriawan, Iwan
author_facet	Mokhtar, Khairil Azmin Satriawan, Iwan
author_sort	Mokhtar, Khairil Azmin
title	The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges
title_short	The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges
title_full	The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges
title_fullStr	The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges
title_full_unstemmed	The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges
title_sort	diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges
publishDate	2018
url	http://irep.iium.edu.my/70405/ http://irep.iium.edu.my/70405/ http://irep.iium.edu.my/70405/1/70405_The%20Diversity%20of%20Constitutional%20Adjudication-paper.pdf http://irep.iium.edu.my/70405/2/70405_The%20Diversity%20of%20Constitutional%20Adjudication-tentative.pdf
first_indexed	2023-09-18T21:39:57Z
last_indexed	2023-09-18T21:39:57Z
_version_	1777413072846061568

The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges

Similar Items