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Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges

open access: yesVolksgeist, 2023
The practice of judicial activism, though not formally defined within the jurisdiction of the Constitutional Court (MK), is implicitly recognized as an integral element of independent judicial power. The importance of this independence is underscored as
Riris Ardhanariswari   +4 more
doaj   +2 more sources

Dimensi Judicial Activism dalam Putusan Mahkamah Konstitusi [PDF]

open access: yesJurnal Konstitusi, 2016
A transformative amendment of the 1945 Constitution established a separate judicial institution called the Constitutional Court. This institution is believed to serve a strategic role within Indonesia’s plural legal  system  particularly  in  the area ...
Pan Mohamad Faiz
doaj   +4 more sources

Menggagas Judicial Activism dalam Putusan Presidential Threshold di Mahkamah Konstitusi

open access: yesJurnal Konstitusi, 2022
This study aims to explain the application of judicial activism carried out by the Constitutional Court and the reasons for the need for the Constitutional Court to apply judicial activism in the presidential threshold decision through normative ...
Bagus Surya Prabowo
doaj   +2 more sources

Role Of Judicial Activism In Environmentaldispute Resolution Before The State Administrative Court

open access: yesProphetic Law Review, 2021
This study examined the role of judicial activism role in resolving environmental disputes at PTUN. It provided understanding for the judges in order to create justice for both justice seeker and the environment.
Andriyani Masyitoh
doaj   +2 more sources

Judicial Review Oleh Mahkamah Konstitusi: Judicial Activism vs. Judicial Restraint dalam Perspektif Kebebasan Kehakiman

open access: yesJurnal Konstitusi
The discourse between the application of judicial activism or judicial restraint has become a hot issue of judicial review authority where recently the Constitutional Court through the act of judicial activism has carried out rule breaking which has ...
Geofani Milthree Saragih   +2 more
doaj   +2 more sources

Konsistensi Pembuatan Norma Hukum dengan Doktrin Judicial Activism dalam Putusan Judicial Review

open access: yesJurnal Konstitusi, 2022
This study intends to explain the consistency of the Constitutional Court (MK) in making new legal norms by using the doctrine of judicial activism and to explain the factors that underlie the consistency of the Constitutional Court in making new legal ...
Bagus Surya Prabowo, Wiryanto Wiryanto
doaj   +2 more sources

Front Polisario: A Step Forward in Judicial Review of International Agreements by the Court of Justice? [PDF]

open access: yesEuropean Papers, 2017
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(3), 967-975 | European Forum Insight of 29 August 2017 | (Table of Contents) I.
Aurora Rasi
doaj   +3 more sources

Pseudo-judicial Review for the Dispute over the Result of the Regional Head Election in Indonesia

open access: yesLentera Hukum, 2023
In Indonesia, the Constitutional Court has the power to decide the dispute over the result of the national election, including that of the regional head election.
Mexsasai Indra   +2 more
doaj   +1 more source

Does Brazil need a notwithstanding clause?

open access: yesRevista de Investigações Constitucionais, 2022
In the last decade, Brazilian Supreme Court has been playing a very important role in the democratic process, raising concerns on judicial activism and on the so-called “juristocracy”. One of the ideas that comes up to tackle those issues is the adoption
Luiz Henrique Diniz Araújo
doaj   +1 more source

JUDICIAL ACTIVISM AND ITS MULTIPLE DEFINITIONS

open access: yesRevista Eletrônica de Direito Processual, 2021
The theme of judicial activism has grown more and more in Brazil, not existing only a few academic works, but also not so many in volume. The study intends to demonstrate the existence of the debate that has already started on Brazilian soil, with the ...
Marco Félix Jobim   +1 more
doaj   +1 more source

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