Constitutional Review

Journal Information
ISSN / EISSN : 2460-0016 / 2548-3870
Total articles ≅ 72
Current Coverage
DOAJ
Archived in
SHERPA/ROMEO
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Latest articles in this journal

Christoph Enders
Constitutional Review, Volume 6, pp 190-209; doi:10.31078/consrev621

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Mária Éva Földes
Constitutional Review, Volume 6, pp 282-310; doi:10.31078/consrev624

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Stefanus Hendrianto
Constitutional Review, Volume 6, pp 241-281; doi:10.31078/consrev623

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Kamil A. Strzępek
Constitutional Review, Volume 6, pp 338-365; doi:10.31078/consrev626

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Gerhard Van Der Schyff
Constitutional Review, Volume 6, pp 210-240; doi:10.31078/consrev622

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Andy Omara
Constitutional Review, Volume 6, pp 311-337; doi:10.31078/consrev625

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Mirza Satria Buana
Constitutional Review, Volume 6, pp 36-66; doi:10.31078/consrev612

Abstract:
The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in the political arena. The Court helps with addressing moral predicaments and influencing the products of the legislature. This paper discusses the shifting of the legal-politico paradigm, particularly relating to judicial leadership of the Court because this significantly affects the role of the Court in the political arena. The history of the establishment of the Court’s authority in judicial review is explored through a stylised analysis of the actions of two early Chief Justices. This paper also examines two Court decisions which illustrated the Court’s authority on judicial review because they demonstrated the importance of policy-driven decisions and judicial restraint. The main argument of this work is that it is hard to categorize the legal-politico actions of the Indonesian Court into either legalism or instrumentalism. Often, the Court synthesises the two. The legal-politico paradigm is a dynamic one. The most feasible model of the Indonesian Constitutional Court is that of a Principled Instrumentalist Court, where policy decisions guide the formation of legislation according to constitutional values, but the judges maintain prudential self-restraint.
Constitutional Review, Volume 6, pp 1-35; doi:10.31078/consrev611

Abstract:
The article studies practice of the Constitutional Court of the Russian Federation in the field of socio-economic rights. The statistical data analysed illustrates the ever-present socio-economic theme among constitutional complaints lodged with the Constitutional Court, with the lowering of overall proportion of such complaints and increasing of the number of such complaints related to defence of property. Such statistics appear to be consistent with the Court’s role in the ongoing transition from Soviet-style planned economy to free market, which implies a substantial shift of obligations connected with property management and social responsibilities from the State to citizens themselves. It follows from the Constitutional Court practice and doctrine that such shift should be done delicately, giving the citizens sufficient period of time to adapt to the changes. In the article, the author focuses on the following categories of complaints considered by the Constitutional Court of the Russian Federation: protection of the right to private property and protection of the right to pension provision. The author observes that the delicate balance that needs to be preserved when dealing with the cases of this type and the slow-pace nature of the transition process often results in criticism towards the Court, notwithstanding the rationale of its decisions. It follows that such criticism is somewhat natural; what matters is the Court’s understanding of its mission in the socio-economic field, and maintaining balanced and well-reasoned approach in development of its case-law.
Jennifer Gitiri
Constitutional Review, Volume 6, pp 133-165; doi:10.31078/consrev615

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Yurii Sheliazhenko
Constitutional Review, Volume 6, pp 67-109; doi:10.31078/consrev613

Abstract:
The article traces historical development, doctrine, and impact of constitutional review in Ukraine related to matters of social justice. It is shown that international review of Ukraine’s reports on observance of human rights obligations indicated a low level of compliance during the absence of independent constitutional review by the judiciary. After the establishment of the constitutional review, the compliance was improved against all doubts, whether socio-economic rights are justiciable in the Ukrainian context, and whether the judges are empowered enough to reshape authoritarian policies. Constitutional Court of Ukraine developed a doctrine of social justice based on the values of the rule of law, liberty, and equality, founding a pragmatic balance between the imperatives of individual freedom and economic security. In legal reasoning, judges implemented ideas of the human-centered state and personal autonomy in civil society, close to liberal democratic views, expressed by framers of the Constitution of Ukraine.
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