STRENGTHENING CONSTITUTIONAL DEMOCRACY THROUGH CONSTITUTIONAL ADJUDICATION INSTITUTIONS: A COMPARATIVE STUDY BETWEEN INDONESIA AND AUSTRALIA
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Date
2017-04-04Author
SATRIAWAN, IWAN
MOKHTAR, KHAIRILAZMIN
ISLAMI, MUHAMMAD NUR
FARRAR, SALIM
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Show full item recordAbstract
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 experienceof Indonesia and
Australia in incorporating the principle of constitutional democracy into their Constitutions and in
creating institutions thatguarantee 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
Courtof Indonesia andthe High Court in Australia are part of the realization the goal of the countriesbe
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.
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