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Law and Politics of Constitutional Courts: Indonesia and the Search for Judicial Heroes

ISBN13: 9781138296428
Published: April 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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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.

Constitutional and Administrative Law, Other Jurisdictions , Asia
Part I: Foundations
Chapter 1: Theorizing Judicial Heroes
Part II: The First Generation Court
Chapter 2: The Birth of the Constitutional Court: A Joke that turned Serious
Chapter 3: A Heroic Intellectual Leadership
Chapter 4: (Un)Heroic Quasi-Weak-Form Review
Chapter 5: A Heroic Social Leadership
Part III: The Second Generation Court
Chapter 6: After the Heroic Court: The Second Generation Decline?
Chapter 7: Miscarriage of Chief Justices: The Anti-Heroes
Chapter 8: A Good Hero is Hard to Find: Towards a Less Heroic Court?
Part IV: Conclusions
Chapter 9: Conclusion: The "Heroic Judicial Leadership" and "Second Generation Decline" in Comparative Perspective.