Hasil Pencarian  ::  Simpan CSV :: Kembali

Abstrak :
The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.

Abstrak :
The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of authoritative political decision-making during modern times). The consequences, and possible remedies, of this double disjunction of politics and state and of state and constitution form the centre of an open debate about 'constitutionalism beyond the state'. The essays gathered in this collection explore the range of issues raised by this debate. The effects of recent changes on two of the main building blocks of constitutionalism - statehood and democracy - are examined in Parts I and II. Since the movement of overcoming statehood has, arguably, been advanced furthest in the European context, the question of the future of constitutionalist ideas in the framework of the EU provides the key theme of Part III. The remaining parts consider possible transformations or substitutes. The engagement of constitutions with international law offers one line of transmutation of constitutionalism (Part IV) and the diffusion of constitutionalism into separate social spheres provides an alternative way of pursuing constitutionalism in a new key (Part VI). Finally, the ability of the theory of global administrative law (examined in Part V) to offer an alternative account of the potential of jurisdictional control of global governing processes is examined. Through these explorations, the book offers cross-disciplinary insights into the impact of recent political and economic changes on modern constitutionalism and an assessment of the prospects for constitutionalism in a transnational environment

Abstrak :
The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of authoritative political decision-making during modern times). The consequences, and possible remedies, of this double disjunction of politics and state and of state and constitution form the centre of an open debate about 'constitutionalism beyond the state'. The essays gathered in this collection explore the range of issues raised by this debate. The effects of recent changes on two of the main building blocks of constitutionalism - statehood and democracy - are examined in Parts I and II. Since the movement of overcoming statehood has, arguably, been advanced furthest in the European context, the question of the future of constitutionalist ideas in the framework of the EU provides the key theme of Part III. The remaining parts consider possible transformations or substitutes. The engagement of constitutions with international law offers one line of transmutation of constitutionalism (Part IV) and the diffusion of constitutionalism into separate social spheres provides an alternative way of pursuing constitutionalism in a new key (Part VI). Finally, the ability of the theory of global administrative law (examined in Part V) to offer an alternative account of the potential of jurisdictional control of global governing processes is examined. Through these explorations, the book offers cross-disciplinary insights into the impact of recent political and economic changes on modern constitutionalism and an assessment of the prospects for constitutionalism in a transnational environment

Abstrak :
The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of authoritative political decision-making during modern times). The consequences, and possible remedies, of this double disjunction of politics and state and of state and constitution form the centre of an open debate about 'constitutionalism beyond the state'. The essays gathered in this collection explore the range of issues raised by this debate. The effects of recent changes on two of the main building blocks of constitutionalism - statehood and democracy - are examined in Parts I and II. Since the movement of overcoming statehood has, arguably, been advanced furthest in the European context, the question of the future of constitutionalist ideas in the framework of the EU provides the key theme of Part III. The remaining parts consider possible transformations or substitutes. The engagement of constitutions with international law offers one line of transmutation of constitutionalism (Part IV) and the diffusion of constitutionalism into separate social spheres provides an alternative way of pursuing constitutionalism in a new key (Part VI). Finally, the ability of the theory of global administrative law (examined in Part V) to offer an alternative account of the potential of jurisdictional control of global governing processes is examined. Through these explorations, the book offers cross-disciplinary insights into the impact of recent political and economic changes on modern constitutionalism and an assessment of the prospects for constitutionalism in a transnational environment

Abstrak :
Pasal 18B ayat (2) UUD NRI 1945 memuat setidaknya empat elemen pengakuan masyarakat adat, di mana dua diantaranya berkaitan dengan masyarakat adat itu sendiri dan prinsip NKRI sebagai prasyarat pengakuan. Keduanya sejatinya mengandung bias paradigmatik kepada kebudayaan agraris. Konsep masyarakat adat sejak semula diidentikkan dengan hak ulayat atas tanah. Sementara prinsip NKRI mengalami proses ideologisasi oleh Angkatan Darat dan berkontribusi pada penyeragaman masyarakat adat. Oleh karenanya, orientasi maritim ditawarkan untuk mendekonstruksi bias-bias terrestrial tersebut. Penelitian ini kemudian disusun sebagai penelitian normatif, dengan pendekatan sosio-legal, perundang-undangan, konseptual, sejarah, dan perbandingan. Dekonstruksi diajukan sebagai metode interpretasi utama, selain historis, sosiologis, dan sistematis. Diperoleh simpulan bahwa: 1) terdapat tiga model umum dalam pengakuan konstitusional masyarakat adat di Indonesia: implisit-terbatas (UUD 1945), pengakuan melalui pranata-pranata adat (Konstitusi RIS dan UUD 1950), dan eksplisit-terbatas (UUD NRI 1945); 2) bias terrestrial dalam konsep masyarakat adat berakar dari kelahiran konsep masyarakat adat itu sendiri, dan dipertahankan dalam proses pembentukan UUD NRI 1945. Perlu diingat bahwa terdapat masyarakat adat yang juga hidup di laut. Selain itu, terdapat pula masyarakat adat yang tidak mengenal konsep hak ulayat dan perlu dilindungi hak-hak lainnya; 3) untuk memecah ideologisasi NKRI, negara perlu (1) mengakui kemajemukan sebagai dasar pembentukan bangsa Indonesia, (2) mengakui subyektivitas konstitusional masyarakat adat secara gamblang, (3) mengafirmasi kecakapan masyarakat adat untuk bertindak selayaknya sebuah subyek hukum, dan (4)  menjabarkan kategori-kategori hak yang disandang masyarakat adat di Indonesia, termasuk skema perlindungan atas keberlanjutannya.

---

Article 18B paragraph (2) of the 1945 Constitution of Indonesia contains at least four elements of recognition of indigenous peoples, while two of it (indigenous people concept and NKRI principle) contain paradigmatic bias towards agrarian culture. The concept of indigenous peoples was originally identified with customary rights to land (hak ulayat). While the principles of the NKRI experienced an ideologization process by the Army and contributed to the uniformity of indigenous peoples. Therefore, a maritime orientation is offered to deconstruct those terrestrial biases. This research was then compiled as a normative study, with a socio-legal, legislative, conceptual, historical, and comparative approach. Deconstruction is proposed as the main method of interpretation, besides historical, sociological, and systematic interpretations. The conclusion is that: 1) there are three general models in the constitutional recognition of indigenous peoples in Indonesia: implicit-limited (UUD 1945), recognition through customary institutions (RIS Constitution and 1950 Constitution), and explicit-limited (1945 Constitution NRI); 2) terrestrial bias in the concept of indigenous peoples is rooted in the birth of the concept of indigenous peoples themselves, and is maintained in the process of establishing the 1945 Constitution of the Indonesia. It is important to remember that there are indigenous people who also live within the sea. In addition, there are also indigenous people who do not recognize the concept of customary rights and need to be protected by their other categories of rights; 3) to break down the ideology of the NKRI, the state needs to (1) acknowledge pluralism as the basis for the formation of the Indonesian nation, (2) recognize the constitutional subjectivity of indigenous peoples explicitly, (3) affirm the skills of indigenous peoples to act accordingly, the categories of rights held by indigenous peoples in Indonesia, including protection schemes for their sustainability.

Abstrak :
"One of the most vexing problems in the theory and practice of politics is the issue of difference. How do we build a just and stable polity in the face of identity differences that have historically been the basis for inequality, injustice, and violence? Such differences can take a variety of forms, including religious difference, race and ethnicity, language difference, urban/​rural tensions, and gender. In many countries, divisions such as these are the fault lines that threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. In the spring of 2011, a conference held at Indiana University brought together a distinguished group of lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions and constitutionalism address issues of difference across a wide swath of the world we called "Pan-Asia." Pan-Asia runs from the Middle East, through Central Asia, South Asia, Southeast Asia, East Asia, and into Oceania. This is a meta-region across which ideas and influences have traveled for centuries. It is also an area of the world that includes every type of difference in abundant supply. Pan-Asia, therefore, provides a wonderful laboratory for examining the role of constitutions in addressing difference. The existing literatures, while rich in other ways, do not speak directly to this issue of constitutions as a mechanism for addressing difference. There is a vast political theory literature on the relationship between democracy and difference"--

Abstrak :
This work illuminates for the first time the relationship between the Church of England and the writing of history in the late-Victorian and Edwardian era. It contends that the Church of England and Anglican theology had a decisive impact on the development of historical scholarship in this period. Since this was the time when history was first entrenched in school and university curricula, the resulting ideas had a remarkable circulation and endurance. The nature of these ideas is explored through thematic chapters on the leading historiographical topics of the time: the nation, the constitution, the Reformation, and socio-economic history. A further chapter brings to life the ideas of progress, time, and divine providence which underpinned Anglican historians understanding of the past. Throughout the work, the significance of the Oxford Movement, not just for Anglican theology, but for intellectual life in general, is brought to the fore. The work further argues that the Church of England remained a learned church, concerned not just with narrowly religious functions but also scholarly and cultural ones (not least the production of historical scholarship) into the early twentieth century: intellectual secularization was a slower and more fragmented process than accounts focused on the natural sciences have led us to believe. All this may be seen in the work of the pre-eminent historians of the time, from E. A. Freeman and William Stubbs to J. R. Seeley and R. H. Tawney, as well as in the writings of a host of lesser-known figures.

Abstrak :
This textbook is designed for first-time students of politics. It provides an ideal introduction and survey to the key themes and issues central to the study of democratic politics today. The text is structured around three major parts: concepts, institutions and political behaviour; and ideologies and movements. Within each section a series of short and accessible chapters serve to both introduce the key ideas, institutional forms and ideological conflicts central to the study of democratic politics and provide a platform for further, in-depth studies. Each chapter contains a 'bullet-point' summary, a guide to further reading, and a set of questions for tutorial discussion. Designed and written for an undergraduate readership, Understanding Democratic Politics: An Introduction will become an essential guide and companion to all students of politics throughout their university degree.

Abstrak :
ABSTRAK
Malaysia is a common law country, and as such the decisions of its courts have a binding and law-making force. This means that the Malaysian judiciary is highly influential in setting the tenor of governance. In this article I examine and analyze some key decisions that had an influence on divisiveness and dissent in the country. I point out that the courts have been poor in ensuring that the legal system protects the nation from divisive elements, and the legal system does not do enough to guarantee the fundamental rights and democratic principles that were envisioned by the founding fathers for the citizenry. The article closes with an attempt to understand why this is the case.