THE RISE AND DECLINE OF RESPONSIVE JUDICIAL REVIEW IN INDONESIA

被引:0
|
作者
Hendrianto, Stefanus [1 ]
机构
[1] Pontif Gregorian Univ, Fac Social Sci, Rome, Italy
来源
HONG KONG LAW JOURNAL | 2023年 / 53卷
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D O I
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中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The Indonesian Constitutional Court, at some point in history, has employed responsive judicial review. The first-generation Court under Jimly Asshiddiqie employed various strategies in response to some political and economic issues that arose in that period. The second-generation Court under Mohammad Mahfud explicitly declared itself as a responsive Court. This declaration is due to Mahfud's strong adherence to the theory of responsive law, and he continued to apply such a theory on the bench. Nevertheless, under the chairmanship of Arief Hidayat and Anwar Usman, the third-generation Court has minimised its responsive role and, to some extent, has become an unresponsive Court.
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页码:589 / 610
页数:22
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