Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges
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 a fundamental necessity for the preservation...
| Main Authors: | , , , , |
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| Format: | Article |
| Language: | English |
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Faculty of Sharia UIN Prof. K.H. Saifuddin Zuhri Purwokerto
2023-12-01
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| Series: | Volksgeist |
| Subjects: | |
| Online Access: | https://ejournal.uinsaizu.ac.id/index.php/volksgeist/article/view/9565 |
| _version_ | 1797303661261488128 |
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| author | Riris Ardhanariswari Eko Nursetiawan Syarafina Dyah Amalia Enny Dwi Cahyani Rozlinda Mohamed Fadzil |
| author_facet | Riris Ardhanariswari Eko Nursetiawan Syarafina Dyah Amalia Enny Dwi Cahyani Rozlinda Mohamed Fadzil |
| author_sort | Riris Ardhanariswari |
| collection | DOAJ |
| description |
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 a fundamental necessity for the preservation of law and justice. This research utilized a normative juridical methodology, incorporating conceptual, comparative, and case-based analysis. The study findings reveal that judicial activism, as practiced within the Constitutional Court, is underpinned by independent judicial authority. Moreover, this practice aligns with the tenets of progressive legal doctrines, which not only acknowledge the significance of codified legal provisions but also endorse legal innovations for the pursuit of justice. The practice of judicial activism within the Constitutional Court is indispensable for reinforcing the principle of checks and balances. The subjective and abstract nature of judicial activism, however, necessitates objective validation through the principle of virtue jurisprudence.
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| first_indexed | 2024-03-07T23:55:58Z |
| format | Article |
| id | doaj.art-79c2f768b9ff4ff7bb797664485610c2 |
| institution | Directory Open Access Journal |
| issn | 2615-174X 2615-5648 |
| language | English |
| last_indexed | 2024-03-07T23:55:58Z |
| publishDate | 2023-12-01 |
| publisher | Faculty of Sharia UIN Prof. K.H. Saifuddin Zuhri Purwokerto |
| record_format | Article |
| series | Volksgeist |
| spelling | doaj.art-79c2f768b9ff4ff7bb797664485610c22024-02-18T08:21:30ZengFaculty of Sharia UIN Prof. K.H. Saifuddin Zuhri PurwokertoVolksgeist2615-174X2615-56482023-12-016210.24090/volksgeist.v6i2.9565Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional JudgesRiris Ardhanariswari0Eko Nursetiawan1Syarafina Dyah Amalia2Enny Dwi Cahyani3Rozlinda Mohamed Fadzil4Faculty of Law, Universitas Jenderal Soedirman, IndonesiaFaculty of Law, Universitas Jenderal Soedirman, IndonesiaFaculty of Law, Universitas Jenderal Soedirman, IndonesiaFaculty of Law, Universitas Jenderal Soedirman, IndonesiaFaculty of Law, Universiti Kebangsaan Malaysia, Malaysia 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 a fundamental necessity for the preservation of law and justice. This research utilized a normative juridical methodology, incorporating conceptual, comparative, and case-based analysis. The study findings reveal that judicial activism, as practiced within the Constitutional Court, is underpinned by independent judicial authority. Moreover, this practice aligns with the tenets of progressive legal doctrines, which not only acknowledge the significance of codified legal provisions but also endorse legal innovations for the pursuit of justice. The practice of judicial activism within the Constitutional Court is indispensable for reinforcing the principle of checks and balances. The subjective and abstract nature of judicial activism, however, necessitates objective validation through the principle of virtue jurisprudence. https://ejournal.uinsaizu.ac.id/index.php/volksgeist/article/view/9565Judicial Activism; Independence; Judicial Power; Constitutional Court; Constitutional Review |
| spellingShingle | Riris Ardhanariswari Eko Nursetiawan Syarafina Dyah Amalia Enny Dwi Cahyani Rozlinda Mohamed Fadzil Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges Volksgeist Judicial Activism; Independence; Judicial Power; Constitutional Court; Constitutional Review |
| title | Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges |
| title_full | Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges |
| title_fullStr | Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges |
| title_full_unstemmed | Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges |
| title_short | Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges |
| title_sort | upholding judicial independence through the practice of judicial activism in constitutional review a study by constitutional judges |
| topic | Judicial Activism; Independence; Judicial Power; Constitutional Court; Constitutional Review |
| url | https://ejournal.uinsaizu.ac.id/index.php/volksgeist/article/view/9565 |
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