Indonesia

2019 ◽  
pp. 231-252
Author(s):  
Simon Butt ◽  
Prayekti Murharjanti
Keyword(s):  
Judicial Review ◽  
Pollution Control ◽  
Environmental Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
Implementation Framework ◽  
Judicial Decisions ◽  
Waste Air ◽  
Judicial Reasoning

This chapter examines the environmental law of Indonesia. It first provides an overview of the allocation of powers with respect to Indonesia’s environmental law, taking into account the constitutional basis of environmental protection and the Ministry of Environment’s devolution of powers for managing the environment. The chapter then considers the structure and substance of environmental regulations as they apply to pollution control and hazardous waste, air pollution and climate change, and marine and fisheries. It concludes with an analysis of the implementation framework for environmental law, focusing on the creation of the Ministry of Environment and Forestry via the merger of the Ministry of Environment and Ministry of Forestry. Judicial enforcement of environmental law is also explored, with emphasis on the role of certified judges assigned to the general and administrative courts, judicial decisions and enforcement, judicial review in the Constitutional Court, judicial reasoning, and enforcement of Constitutional Court decisions.

India

2019 ◽  
pp. 211-231
Author(s):  
Bharat H. Desai ◽  
Balraj K. Sidhu
Keyword(s):  
Pollution Control ◽  
Environmental Law ◽  
Environment Protection ◽  
Implementation Framework ◽  
The Public ◽  
Policy Frameworks ◽  
Central Pollution Control Board ◽  
And Control ◽  
Sectoral Policy

This chapter examines the state of India’s environmental law. It first provides an overview of the allocation of powers with respect to environmental protection in India, taking into consideration the relevant constitutional provisions, before discussing the structure and substance of environmental law. In particular, it explores sectoral policy frameworks that complement the legislative provisions, along with a number of important laws that deal with environmental issues, including the Water (Prevention and Control of Pollution) Act of 1974, the Wildlife (Protection) Act of 1972, the Forest (Conservation) Act of 1980, the Environment (Protection) Act of 1986, and the Public Liability Insurance Act of 1991. The chapter concludes with an analysis of the implementation framework for Indian environmental law, with emphasis on the role of the Ministry of Environment, Forests, and Climate Change; the Central Pollution Control Board; State Pollution Control Boards (SPCBs); and the judiciary.

scholarly journals The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication

2016 ◽  
Vol 1 (1) ◽  
pp. 72
Author(s):  
Heribertus Jaka Triyana
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Judicial Review ◽  
Constitutional Court ◽  
Court Decisions ◽  
Cultural Rights ◽  
Legal Power

The Indonesian Constitutional Court has played important roles and functions to protect and fulfill human rights in the Indonesian legal system including the economic, social and cultural rights through its legal power of  judicial review.   It affirms that the ecosoc rights are legal justiciable rights and they are parts of constitutional mandates. It means that decision on judicial reviews require State to behave in accordance to legal thresholds decided by the Court. Undoubtedly, compliance to the decisions will reveal undeniable facts for fulfilment of state conduct. However, it seems that there are still many considerations, emphasis and excuse to somehow reduce or ignore threshold of application of the Court decisions. Complexity of actors, institutions, authorities, level of implementation, and orientation of particular policies, programs, actions and funds reduces the thresholds.

scholarly journals Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court

2020 ◽  
Vol 6 (1) ◽  
pp. 36
Author(s):  
Mirza Satria Buana
Keyword(s):  
Judicial Review ◽  
Review Process ◽  
The Political ◽  
Constitutional Court ◽  
Court Decisions ◽  
Main Argument ◽  
Policy Decisions ◽  
Political Arena ◽  
History Of

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.

National Legislatures

2018 ◽  
Author(s):  
Kevin L. Cope ◽  
Hooman Movassagh
Keyword(s):  
International Law ◽  
Common Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Comparative Analyses ◽  
Judicial Decisions ◽  
National Courts ◽  
Legislative Branch ◽  
National Legislatures

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.

scholarly journals Jurisdição Constitucional como mecanismo de emancipação social: uma abordagem a partir de decisões da Corte Constitucional colombiana sobre direitos sociais

2020 ◽  
pp. 124-149
Author(s):  
Alessia Barroso Lima Brito Campos Chevitarese ◽  
Ana Borges Coêlho Santos ◽  
Camila Nascimento de Souza
Keyword(s):  
Judicial Review ◽  
Social Situation ◽  
Vulnerable Groups ◽  
Social Rights ◽  
Constitutional Court ◽  
The Social ◽  
Socially Vulnerable Groups

RESUMOO artigo tem por objetivo analisar a efetividade da jurisdição constitucional como mecanismo de emancipação social de determinados grupos a partir de decisões da Corte Constitucional colombiana. Nesse sentido, busca-se compreender a tutela dos direitos sociais, conforme o disposto na Constituição Colombiana de 1991, e os desafios de implementação dos direitos previstos, bem como o contexto de desenvolvimento de um protagonismo mais acentuado da Corte Constitucional colombiana. O estudo investiga se as progressistas decisões da citada Corte são capazes de modificar positivamente a situação social de grupos socialmente vulneráveis, com a finalidade de ponderar, nesse contexto, o papel da jurisdição constitucional na efetividade dos direitos sociais dos jurisdicionados.PALAVRAS-CHAVECorte Constitucional da Colômbia. Emancipação social. Efetividade dos direitos sociais. ABSTRACTThe article aims to analyze the effectiveness of judicial review as a mechanism of social emancipation of certain groups based on decisions of the Colombian Constitutional Court on social rights. In this sense, we seek to understand the protection of social rights, in accordance with the Colombian Constitution of 1991 and the challenges of implementing the rights envisaged, as well as the context of developing a more prominent role of the Colombian Constitutional Court. The study investigates whether if the progressive decisions of the aforementioned Court are capable of positively changing the social situation of socially vulnerable groups, in order to consider, in this context, the role of constitutional jurisdiction in the effectiveness of the social rights.KEYWORDSColombian Constitutional Court. Social emancipation. Effectiveness of social rights.

scholarly journals LEMBAGA JUDICIAL REVIEW UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR : PERBANDINGAN ANTARA KEWENANGAN MAHKAMAH KONSTITUSI KOREA SELATAN DENGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA

2016 ◽  
Vol 5 (2) ◽  
pp. 368
Author(s):  
Joseph Atja Sulandra ◽  
Anak Agung Ngurah Roy Sumahardika
Keyword(s):  
South Korea ◽  
Judicial Review ◽  
Constitutional Court ◽  
Advantages And Disadvantages ◽  
The Republic ◽  
The Guardian

This study aimed to compare the profile and authority of the Constitutional Court of South Korea with the Constitutional Court of the Republic of Indonesia, which is granted by its Constitution and related laws. The aim is to see how far the role of the Constitutional Court of the Republic of Indonesia as an institution of judicial review, so that it can also note the advantages and disadvantages in its function as the guardian of the constitution. Penelitian ini bertujuan untuk membandingkan profil dan kewenangan Mahkamah Konstitusi Korea Selatan dengan Mahkamah Konstitusi Republik Indonesia, yang diberikan oleh Undang-Undang Dasar serta Undang-Undang terkait. Tujuannya adalah untuk melihat seberapa jauh peran Mahkamah Konstitusi Republik Indonesia sebagai Lembaga Judicial Review Undang-undang terhadap Undang-Undang Dasar, sehingga dapat dilihat kelebihanan dan kekurangannya masing-masing dalam fungsinya sebagai lembaga pengawal konstitusi.

Politicians, Judges, and the Charter

2008 ◽  
Vol 21 (1) ◽  
pp. 227-238
Author(s):  
L.W. Sumner
Keyword(s):  
Judicial Review ◽  
Political System ◽  
Common Law ◽  
Recent Book ◽  
The Political ◽  
Court Decisions ◽  
Democratic Process ◽  
Political Views ◽  
Political Right

The complaint is a familiar one: unelected, politically unaccountable judges are using their powers of judicial review to subvert the democratic process by shaping public policy in accordance with their own personal moral/political views. It is tempting to dismiss this complaint as the grumbling of those, usually (though not invariably) on the political right, who have been disaffected by court decisions with which they personally disagree. But this temptation must be resisted, since the critics of judicial review, such as Jeremy Waldron, raise important issues about the role of judges in a democratic political system. In his recent book A Common Law Theory of Judicial Review, Wil Waluchow responds to the critics' arguments. This Critical Notice outlines his response and assesses its adequacy.

Germany

2019 ◽  
pp. 189-211
Author(s):  
Olaf Dilling ◽  
Wolfgang Köck
Keyword(s):  
Pollution Control ◽  
Environmental Law ◽  
Air Pollution Control ◽  
Implementation Framework ◽  
Basic Law ◽  
Federal Constitution ◽  
Complex Projects ◽  
International Obligations ◽  
The Government ◽  
Control Water

This chapter examines the main characteristics of German environmental law. It first explains how powers are allocated with regards to environmental law in Germany, focusing on environmental protection as a so-called national objective, anchored in the German Federal Constitution, the Basic Law (Grundgesetz); the devolution of legislative and executive competences with respect to German environmental law; and how the law is shaped by international obligations. The discussion then turns to the structure and substance of German environmental law, particularly as it applies to air pollution control, water management and water protection, waste management, nature and species protection, and nuclear energy. The chapter concludes with an analysis of the implementation framework for German environmental law, taking into account how the government resorts to the concept of ‘normative concretization’ to address implementation-related issues arising from complex projects.

scholarly journals MODEL PENGUJIAN PERATURAN PERUNDANG-UNDANGAN SATU ATAP MELALUI MAHKAMAH KONSTITUSI

2018 ◽  
Vol 25 (2) ◽  
pp. 247
Author(s):  
Sholahuddin Al-Fatih
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Constitutional Court ◽  
Regulatory Testing ◽  
The Supreme Court ◽  
New Ideas ◽  
The Republic ◽  
Bureaucratic Reform

Post-reform of the role of judicial institution is run by two institutions namely the Supreme Court and the Constitutional Court. The duties and authorities of the two institutions are regulated in the Constitution of the Republic of Indonesia 1945 and the act that addresses the three institutions more specifically. Several powers possessed by the Supreme Court and the Constitutional Court, one of them is the authority to judicial review. The Constitutional Court is authorized to review the act on the Constitution of the Republic of Indonesia 1945, while the Supreme Court is authorized to review under the Act on the above legislation.The unfairness of the regulatory testing function is feared to trigger bureaucratic inefficiency. Based on data released by the Supreme Court Clerk, it was recorded during 2016 that the Supreme Court received 18,514 cases, including the Hak Uji Materi (HUM) subject to legislation under the Act. While the number of cases of judicial review of the Constitutional Court in 2016-2017 amounted to only 332 cases. Therefore, it is necessary to conduct a bureaucratic reform and provide new ideas related to the model of one court of judicial review in Indonesia. So that in this paper will be discussed deeply about problematic of judicial review in Indonesia and the authority of the Constitutional Court to review the act under one roof with SIJURI mechanism.

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