The Annulment of Constitutional Amendments Through the Judiciary: A Comparative Study Between Kyrgyzstan and Turkey and Its Relevance in Indonesia

DOI

10.2991/978-2-38476-110-4_64How to use a DOI?

Keywords

Constitutional Amendment Cancellation; Comparative Law; Judiciary

Abstract

This study attempts to uncover an examination of the granting of authority to judicial bodies to assess the results of constitutional amendments. This is the latest trend in global constitutionalism, where some countries explicitly affirm such authority in their constitutions, while others are an expansion of authority exercised by the highest judicial institution in the country using the doctrine of basic structure. The practice of cancelling constitutional amendments through the judiciary is seen in several countries, including Kyrgyzstan and Turkey. In Indonesia itself, there is no case or space for testing authority. This research intends to describe how the practice of cancelling constitutional amendments through the judiciary in Kyrgyzstan and Turkey and its relevance to Indonesian constitutional practice. This research is a doctrinal legal research or normative juridical using conceptual and comparative approaches. In the discussion, this research found that in practice in Indonesia under positive law, the mechanism to assess or test the results of constitutional amendments through the judiciary is not available. Likewise, there is no jurisprudence or doctrine developed from any judicial institution, including the Constitutional Court (MK), in testing the results of constitutional amendments in Indonesia. In some countries, the cancellation of the results of constitutional amendments can be easily done because the legal basis for amending the constitution is set out in the form of legislation. However, when reflecting on Kyrgyzstan and Turkey, this practice can be found in various cases that have been handled in the judiciary of these countries.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Arie Elcaputera
AU  - Sukamto Satoto
AU  - Hartati
PY  - 2023
DA  - 2023/11/07
TI  - The Annulment of Constitutional Amendments Through the Judiciary: A Comparative Study Between Kyrgyzstan and Turkey and Its Relevance in Indonesia
BT  - Proceedings of the 4th Green Development International Conference (GDIC 2022)
PB  - Atlantis Press
SP  - 642
EP  - 652
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-110-4_64
DO  - 10.2991/978-2-38476-110-4_64
ID  - Elcaputera2023
ER  -