The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges

Mokhtar, Khairil Azmin and Satriawan, Iwan (2018) The diversity of constitutional adjudication and the universality of constitutional justice: common issues and challenges. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished)

	PDF - Submitted Version Restricted to Registered users only Download (608kB) | Request a copy
	PDF - Supplemental Material Restricted to Repository staff only Download (2MB) | Request a copy

Abstract

Constitutionalism and constitutional justice are inseparable. Constitutional norms in a country embedded in the constitution are normally administered by the constitutional court. The court as the body that adjudicates constitutional matters thus plays important role on realizing constitutionalism and democracy. This paper explores various frameworks of constitutional adjudication employed by countries all over the world. This is a qualitative doctrinal research which uses historical, conceptual, and legal approaches. Initially the paper defines the concept of constitutionalism, constitutional justice and democracy. It also observes grounds for adopting different methods and frameworks of constitutional adjudication in various jurisdictions and examines main models of constitutional adjudication practiced throughout the world. Issues facing constitutional adjudication in various jurisdictions are highlighted. The study found that the emergence of the concept of constitutional adjudication all over the world was the result of spirit to construct a democratic government and provide fundamental rights protection of citizen through judicial review mechanism. In addition to serve the objective constitutional adjudication mechanism also become part of checks and balances mechanism among other organs of government. The common aspiration of all countries is constitutional justice. In spite of the common theme they are differences in formulating the models of constitutional adjudication. There are several models of constitutional adjudications employed by government of different countries, and the choice of models was influenced by the historical and political background of the countries.

Item Type:	Conference or Workshop Item (Invited Papers)
Additional Information:	1650/70405
Uncontrolled Keywords:	Constitution, Democracy, Constitutional Adjudication, Constitutional Justice
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Assoc Prof Khairil Azmin Datuk Mokhtar
Date Deposited:	26 Feb 2019 09:53
Last Modified:	26 Feb 2019 09:53
URI:	http://irep.iium.edu.my/id/eprint/70405

Actions (login required)

View Item