Constitutional Court: The Dilemma of Law and Politics

Voßkuhle, Andreas

doi:10.5771/0030-6444-2018-4-480

Cited by 3 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Regarding the provisions of the formal requirements, the Constitutional Court in completing the Regional Head Election in 2016, 2017, 2018 and 2021, there was a shift in the Constitutional Court's legal considerations in resolving disputes over the Regional Head Election. For example, in 2016, in completing PHP the Regional Head of the Constitutional Court was very rigid with respect to the formal requirements stipulated by the Election Law (Voßkuhle, 2019). This is evident from the 152 cases decided by the Constitutional Court, there is not a single formal requirement that has been ruled out by the Court.…”

Section: Discussionmentioning

confidence: 99%

ideal concept of formal term application in the dispute settlement on local government election results in Indonesian constitutional court

Triningsih

Hidayat

Tyesta

2022

ijhs

View full text Add to dashboard Cite

This study aims to describe the ideal concept of application of formal terms in the settlement of disputes on the results of the election of the head area in the Indonesian Constitutional Court. This study focuses on the idea that the Constitutional Court as a guardian of the constitution and democracy must be subject to the constitution as the highest law in the Unitary State of the Republic of Indonesia. From 2008 to 2021, the Constitutional Court has exercised this authority in (2) two periods, namely when the settlement of disputes over the results of the regional head elections in the general election regime in 2008 to 2013 and the regional government regime from 2015 to 2021. Methods in the study This research uses the type of doctrinal research method, which in terms of its nature, this research is a descriptive research, which is a research that describes something in terms of certain space and time.

show abstract

Section: Discussionmentioning

confidence: 99%

ideal concept of formal term application in the dispute settlement on local government election results in Indonesian constitutional court

Triningsih

Hidayat

Tyesta

2022

ijhs

View full text Add to dashboard Cite

show abstract

“…those authorities which plausibly claim to represent the political collective (the people). In doing so, the courts directly inf luence policy decisions (Voßkuhle, 2018). This inf luence may be exerted either procedurally or substantially (Hirschl, 2008, p. 121ff): It is exerted procedurally when the courts oversee the compliance of political decision-making with principles of equal opportunity, transparency, accountability, and the like; and when they actively intervene in case of violations by (in-)validating the concrete actions and decisions of executive and legislative authorities.…”

Section: Judicial Review and Constitutional Courtsmentioning

confidence: 99%

“…In contrast to legislative and executive bodies, courts do not choose the issues on which they decide by their own initiative, but instead react to and thus depend on the selections made by systems in their environment by which they are addressed (see e.g. Lepsius, 2011, p. 164;Voßkuhle, 2018). Second, and closely linked to the first particularity, the competence of courts concerned with judicial review is limited solely and exclusively through the mode of acting on application, what means that the scope of judicial review is by no means restricted by the substantial specification of a certain field of responsibility.…”

Section: Judicial Review and Constitutional Courtsmentioning

confidence: 99%

Democratic and Authoritarian Political Systems in 21st Century World Society

Ahlers

Krichewsky

Moser

et al. 2020

Global Studies &Amp; Theory of Society

View full text Add to dashboard Cite

This book is about the radical novelty of modern polities in a functionally differentiated world society. Premodern states were at the apex of a stratified, hierarchical society. They dominated society and all its groups and strata. Modern polities have to be understood through the ecology of relations among different function systems. They have to find and incessantly redefine their place in society. They produce decisions that are collectively binding, but in preparing these decisions experience constraints and knowledge deficiencies that are related to the complexity of a functionally differentiated society. The book concentrates on six analytical perspectives that reflect how modern polities are embedded into 21st century society. These perspectives are: the concept of inclusion and the inclusion revolution constitutive of modern polities; the internal differentiation of polities that endows them with an unprecedented complexity; the fact that polities do not know anything about society and the ways in which they compensate for this; representation and responsiveness as strategies to reconnect with society; the self-restriction of some polities that brings about ever new autonomous expert organizations; the symmetrical rise of autocracies and democracies as the two modern variants of political regimes.

show abstract

Democratic and Authoritarian Political Systems in 21st Century World Society

Ahlers¹,

Krichewsky²,

Moser³

et al. 2020

View full text Add to dashboard Cite

Since the 18th century, society is world society. The book series documents research that explores this hypothesis, with particular focus on the polity, the system of religion, world science and higher education as four global function systems. All these systems are based on inclusion, that is everybody can and should participate in them; they are all responsive in observing their environments and identifying problems of society and producing problem solutions. They are all extremely diversified and at the same time claim to be singular: Studies on the genesis of these systems and the global comparison of function systems make the unity and diversity of world society visible. Which are the societal problems that can only be solved by the polity, religion, science and by universities? Die Gesellschaft des 18. bis 21. Jahrhunderts ist Weltgesellschaft. Die Buchreihe dokumentiert Forschungen, die diesen Befund vertiefen, insbesondere im Blick auf die globalen Funktionssysteme Politik, Religion, Wissenschaft und Hochschulerziehung. Alle diese Systeme ruhen auf Inklusion, jeder kann und soll an ihnen teilnehmen, alle sind responsiv, sie beobachten ihre gesellschaftliche Umwelt und produzieren Problemlösungen. Sie sind extrem diversifiziert und postulieren zugleich ihre eigene Unverzichtbarkeit: Studien zur Entstehung und zum globalen Vergleich dieser Systeme werfen für die Theorie der modernen Gesellschaft die Frage nach Einheit und Diversität auf. Welches sind die Probleme, die nur durch Politik, Religion, Wissenschaft und Universitäten gelöst werden können?The series is edited by

show abstract

Constitutional Court: The Dilemma of Law and Politics

Cited by 3 publications

References 0 publications

ideal concept of formal term application in the dispute settlement on local government election results in Indonesian constitutional court

ideal concept of formal term application in the dispute settlement on local government election results in Indonesian constitutional court

Democratic and Authoritarian Political Systems in 21st Century World Society

Democratic and Authoritarian Political Systems in 21st Century World Society

Contact Info

Product

Resources

About