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All Journal Jurnal Konstitusi Constitutional Review Jurnal Konstitusi
Mohammad Ibrahim
Faculty Of Law, Gadjah Mada University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pembatasan Kekuasaan Amendemen Konstitusi: Teori, Praktik di Beberapa Negara dan Relevansinya di Indonesia Mohammad Ibrahim
Jurnal Konstitusi Vol 17, No 3 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (412.206 KB) | DOI: 10.31078/jk1735

Abstract

In comparative constitutional law, the doctrine of unconstitutional constitutional amendments has in recent years attracted wide attention among scholars. The consequence of the doctrine is that there are limits to constitutional amendments. This paper seeks to explore theories that explain how authorities to amend the constitution may be limited. In addition, it also discusses the practice of the doctrine of countries such as Germany, India and Colombia. Drawing from the experiences of these countries, it attempts to answer whether the doctrine can be used in the Indonesian constitutional system. It argues that under the 1945 Indonesian Constitution, there exist unamendable provisions. Therefore, the Constitutional Court might adopt the view that there are limits to constitutional amendments in Indonesia if there was a constitutional amendment to unamendable provisions. This doctrinal legal research uses normative legal and comparative approaches.
Constitutional Change: Towards Better Human Rights Protection in Australia Mohammad Ibrahim
Constitutional Review Vol 5, No 2 (2019)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (321.549 KB) | DOI: 10.31078/consrev523

Abstract

Many legal scholars contend that Australia does not have a charter of rights in its Constitution. The legal scholar Rosalind Dixon, however, suggests that the Constitution does include some provisions that could be viewed as resembling a (partial) bill of rights. This constitutional framework might cause one to ponder whether human rights are adequately protected in the Australian constitutional system. This paper attempts to consider this question. It is argued that the protection of human rights under the Constitution, federal and state laws is not fully capable of responding to at least three human rights crises presented. Accordingly, the paper suggests that Australia should consider the idea of amending the Constitution in order to better human rights protection in the country. It offers suggestion that the Canadian model protection of human rights could be considered as one of the primary sources for reforms in the future.
Pembatasan Kekuasaan Amendemen Konstitusi: Teori, Praktik di Beberapa Negara dan Relevansinya di Indonesia Mohammad Ibrahim
Jurnal Konstitusi Vol 17, No 3 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (412.206 KB) | DOI: 10.31078/jk1735

Abstract

In comparative constitutional law, the doctrine of unconstitutional constitutional amendments has in recent years attracted wide attention among scholars. The consequence of the doctrine is that there are limits to constitutional amendments. This paper seeks to explore theories that explain how authorities to amend the constitution may be limited. In addition, it also discusses the practice of the doctrine of countries such as Germany, India and Colombia. Drawing from the experiences of these countries, it attempts to answer whether the doctrine can be used in the Indonesian constitutional system. It argues that under the 1945 Indonesian Constitution, there exist unamendable provisions. Therefore, the Constitutional Court might adopt the view that there are limits to constitutional amendments in Indonesia if there was a constitutional amendment to unamendable provisions. This doctrinal legal research uses normative legal and comparative approaches.
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