Universalization of Democratic Constitutionalism and the Work of Constitutional Courts Today 1 Constitutional Review (Consrev) 2015

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1 Const. Rev. 1 (2015)
Universalization of Democratic Constitutionalism and the Work of Constitutional Courts Today

handle is hein.journals/consrev1 and id is 187 raw text is:

UNIVERSALIZATION OF
DEMOCRATIC CONSTITUTIONALISM

AND THE WORK OF

CONSTITUTIONAL COURTS TODAY

Jimly Asshiddiqie
Professor of Constitutional Law at the University of Indonesia, The Founding Chief
Justice of the Constitutional Court of the Republic of Indonesia (2003-20o8)

Abstract
Modern constitutions with its content of values and legal norms and universal
ethics contained therein continuously influence the paradigm of thought and the
system of practice and constitutional democratic political regimes in the world.
We may say that nowadays we are in the midst of the current development of
new thoughts in the study of constitution and the practice of constitutional
judiciary in the world, namely the phenomenon of universal democratic
constitutionalism. Indonesia and all the states are experiencing the development
of the same influence, so that way of working of the Constitutional Court as an
institution to safeguard democracy and being the upholder of the constitution
shall also catch the moral signs and messages behind that new development with
a critical stance, so that each of its decisions can truly produce justice, certainty,
and is solvent in nature vis-a-vis the constitutional problems occurring in the
public of the respective states.
Keys word: Constitutional Court, Constitutional Ethic, Supreme Court

I. INTRODUCTION

Nowadays the organized wise conduct of power in the joint livelihood
of mankind wheresoever and in whatsoever field is agreed to be bound and be
based on system of norms applying equally for all members/citizens set out
in one document or in various forms of documents named as a constitution.
The development of the aforesaid constitution can be seen from (i) the aspect
of its subject: the state, the civil society, the market; (ii) from the aspect of its