Constitutional Review
Vol. 10 No. 2 (2024)

Constitutional Court Regression in Post- Democratic Transition: A Comparison of Court Packing in Hungary, Poland, and Indonesia

Idul Rishan (Unknown)



Article Info

Publish Date
31 Dec 2024

Abstract

Over the past two decades, the constitutional court established in the post-democratic transition has begun to face regression. The Constitutional Courts in Hungary, Poland, and Indonesia have evidence, carried out intensively through court packing. This article investigates the regime’s undermining of the constitutional court against constitutional judges in selected countries. In addition, this article will also describe the regime’s motives and objectives in undermining the independence of the constitutional court. This study argues that regression of the constitutional court occurs through several patterns, such as increasing and decreasing the number of constitutional judges, politicizing the appointment and dismissal of constitutional judges, and rearranging the requirements and selection procedures of constitutional judges. The regime uses court packing to place judges who are loyal or have the same political preferences as the regime to provide control over their independence.

Copyrights © 2024






Journal Info

Abbrev

const-rev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Constitutional Review is a law journal published by the Constitutional Court of the Republic of Indonesia twice a year. The primary purpose of this journal is to disseminate research, conceptual analysis and other writings of scientific nature on constitutional issues. Articles published cover ...