Jurnal Konstitusi
Vol 11, No 4 (2014)

Menggagas Penerapan Judicial Restraint Di Mahkamah Konstitusi

Wicaksana Dramanda (Staf Pengajar di Fakultas Hukum Universitas Padjadjaran)



Article Info

Publish Date
20 May 2016

Abstract

Many controversial decision made by Constitutional Court resulted in the emergence of the idea to limit the judicial power. One of the ideas that surfaced to limit the judicial power without disturbing the idea of judicial independence is judicial restraint. The idea of judicial restraint puts limitation on certain forms. The forms of limitation under judicial restraint could be limitation based on constitutional norms, limitation based on policies for restraint (self-restraint), and the limitation imposed by certain doctrines. Judicial restraint requires the judicial power to refrain from tendencies to act like a mini parliament   that can lead to the juristocracy. Judicial restraint also requires judicial power not interfere the other branches of power.

Copyrights © 2016






Journal Info

Abbrev

jk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...