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Law and Politics of Constitutional Courts - Indonesia and the Search for Judicial Heroes (Hardcover)
Loot Price: R3,919
Discovery Miles 39 190
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Law and Politics of Constitutional Courts - Indonesia and the Search for Judicial Heroes (Hardcover)
Series: Comparative Constitutionalism in Muslim Majority States
Expected to ship within 12 - 17 working days
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This book critically evaluates different models of judicial
leadership in Indonesia to examine the impact that individual chief
justices can have on the development of constitutional courts. It
explores the importance of this leadership as a factor explaining
the dynamic of judicial power. Drawing on an Aristotelean model of
heroism and the established idea of judicial heroes to explore the
types of leadership that judges can exercise, it illustrates how
Indonesia's recent experience offers a stark contrast between the
different models. First, a prudential-minimalist heroic chief
justice who knows how to enhance the Court's authority while
fortifying the Court's status by playing a minimalist role in
policy areas. Second, a bold and aggressive heroic chief justice,
employing an ambitious constitutional interpretation. The third
model is a soldier-type chief justice, who portrays himself as a
subordinate of the Executive and Legislature. Contrary perhaps to
expectations, the book's findings show a more cautious initial
approach to be the most effective. The experience of Indonesia
clearly illustrates the importance of heroic judicial leadership
and how the approach chosen by a court can have serious
consequences for its success. This book will be a valuable resource
for those interested in the law and politics of Indonesia,
comparative constitutional law, and comparative judicial politics.
General
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