Relevant bibliographies by topics / Constitutional revisionism

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  1. Journal articles
  2. Dissertations / Theses
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  4. Book chapters

Academic literature on the topic 'Constitutional revisionism'

Author: Grafiati
Published: 9 March 2024

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Journal articles on the topic "Constitutional revisionism"

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Zuckert, Michael P. "JUDICIAL LIBERALISM AND CAPITALISM: JUSTICE FIELD RECONSIDERED." Social Philosophy and Policy 28, no. 2 (May 31, 2011): 102–34. http://dx.doi.org/10.1017/s0265052510000233.

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AbstractJustice Stephen J. Field was the champion of a form of liberalism often said to be especially friendly to capitalism, the approach to the Constitution traditionally identified with “Lochnerism,” i.e., a laissez-faire oriented judicial activism. More recently a form of judicial revisionism has arisen, challenging the accepted descriptions of “Lochnerism” and of Field's jurisprudence. This article is an attempt to extend the revisionist approach by arriving at a more satisfactory understanding of the grounding of Field's jurisprudence in the natural rights philosophy. Field, it turns out, orienting around natural rights, was not so unambiguously friendly to capitalism as previous generations of scholars maintained, but his approach is surely friendlier than the constitutional theories that have replaced natural rights since Field's day.
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Olken, Samuel R., and G. Edward White. "Historical Revisionism and Constitutional Change: Understanding the New Deal Court." Virginia Law Review 88, no. 1 (March 2002): 265. http://dx.doi.org/10.2307/1073976.

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Pangalangan, Raphael Lorenzo A., Gemmo Bautista Fernandez, and Ruby Rosselle L. Tugade. "Marcosian Atrocities: Historical Revisionism and the Legal Constraints on Forgetting." Asia-Pacific Journal on Human Rights and the Law 19, no. 2 (December 18, 2018): 140–90. http://dx.doi.org/10.1163/15718158-01902003.

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The Philippines resoundingly cried ‘never again’ to the horrors of the Marcos dictatorship through the People Power revolution of 1986. Thirty years later, the Filipino people have come to realise that success is indeed fleeting. On 18 November 2016, the remains of Philippine dictator Ferdinand E. Marcos were buried in the Libingan ng mga Bayani—the Heroes’ Cemetery. While the Philippine Supreme Court insists that the hero’s burial conferred to the author of the nation’s darkest chapter is a political question, from established doctrines here and abroad, the authors seek to derive the political answer. This article will look at the legitimacy of memory laws within the Philippine Constitutional framework. Finding guidance from the Auschiwtz lie case of the German Constitutional Court, the article seeks to combat historical revisionism and prohibit the Marcosian lie. Our research begins by looking at the resurgence of authoritarianism as seen through the populist presidency of Rodrigo Roa Duterte. We will then proceed to address the threshold issue of state-sanctioned narratives. Recognising that the duty to establish the truth involves the power to determine the narrative, the authors will reconcile the conflicting demands of the freedom of thought and the right to the truth. We will then proceed by utilising the fact-opinion distinction to demonstrate how the Marcosian lie may be the valid subject of regulation. The last phase of the research looks into the approaches adopted by the United Nations (un) Human Rights Committee and the European Court of Human Rights in dealing with negationism and historical revisionism.
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Kalman, Laura. "In Defense of Progressive Legal Historiography." Law and History Review 36, no. 4 (November 2018): 1021–88. http://dx.doi.org/10.1017/s0738248018000421.

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This article surveys the debate between “progressives” and “revisionists” about the Constitution and constitutional interpretation during the late nineteenth and early twentieth centuries. Contemporary revisionist scholarship assumes that its victory over progressive scholarship is complete. The article suggests otherwise. First, it summarizes the revisionists’ achievements. Second, in an attempt to improve the quality of the debate, it maintains that “revisionist” and “progressive” legal historians undermine their cases by using words like “progressive,” “Gilded Age,” and “Jacksonian,” and that “revisionist” is not an enlightening term, either. Third, it contends that revisionists have made straw men out of the progressives, whose diversity and contributions they ignore, and that they have shown a lack of empathy for the circumstances facing the progressives. At considerable risk, progressives called attention to the relevance of political calculation, economic self-interest, and biography to understanding the Constitution, constitutional interpretation, and judicial power. The article also observes that revisionists have not yet won the day and that there are still “progressive” holdouts in the legal academy and history departments. Finally, it argues that like the work of “revisionists,” the scholarship of the “progressives”—particularly if we rechristen both—still has something to teach us and that it is time to abandon the familiar dialectic of thesis and antithesis and turn to synthesis.
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Tafani, Ismail, and Renata Tokrri. "Some Reflections on the Constitutional Review in Albania in a Comparison Key." Mediterranean Journal of Social Sciences 12, no. 2 (March 7, 2021): 22. http://dx.doi.org/10.36941/mjss-2021-0009.

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In this study we will try to analyze the foundations of the Constitution as a pillar and as a guarantee for its solidity. The study will also address the need for revision of the constitution as a fundamental element of its existence and continuity. Particular emphasis will be given to the comparison of the constitutions of the most important countries in the world as regards the procedures and limits to the constitutional revision. In this sense, the constitutions of some Balkan Peninsula countries will be analyzed to draw a comparison and analyze the Albanian Constitution as regards the procedure for its revision. The study intends to analyze the procedures for the revision of the Constitution as well as the explicit and implicit limits to these revisions. In the Constitutional revision in Albania in 2016, the role of the Constitutional Court on the control of the constitutional legitimacy of constitutional revision laws was clarified. Formal constitutionality is usually emphasized since the Albanian constitutional reform underlined that the Constitutional Court in Albania could express itself on the constitutionality of the Constitutional revision law only from a formal point of view. Received: 2 January 2021 / Accepted: 27 February 2021 / Published: 7 March 2021
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Shakti, Airlangga Gama, Maharani Wicahyaning Tyas, and M. Lutfi Rizal Farid. "The Integration of Judicial Review in Indonesia." Syiah Kuala Law Journal 6, no. 3 (February 7, 2023): 212–27. http://dx.doi.org/10.24815/sklj.v6i3.26940.

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The judicial review is the essence of constitutional justice. At this time, Indonesia has adopted a dualism system in judicial review, which creates problems. This study aims to analyze the current judicial review system and examine the integration of judicial review by the Constitutional Court as ius constituendum. In reviewing the legal problems in this research, the Constitutional Court used the juridical-normative method. Furthermore, this research also uses a regulatory approach and a comparative study in Austria and Germany. The results show that Articles 24A and 24C of the Indonesia Constitutionhave delegated the Supreme Court the right to judicial review of regulations under the law, while the Constitutional Court has judicial review against the Indonesia Constitution. This raises problems, from practice to the difficulty of guarding the hierarchy of norms from Regional Regulations to the Indonesia Constitution. Judicial review at the Supreme Court also still has problems, especially transparency and accountability, because they have a closed nature. If analyzed in Austria, the Constitutional Court has the authority to judicial review the constitutionality of laws and the legality of administrative regulations (policies). In Germany, the Federal Constitutional Court has the authority to judicial review the law against the constitution. Therefore, there is a need for an urgency to integrate the judicial review by the Constitutional Court through the Amendment to the Indonesia Constitutionand several revisions to the regulations.
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Treanor, William. "The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution." Michigan Law Review, no. 120.1 (2021): 1. http://dx.doi.org/10.36644/mlr.120.1.case.

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At the end of the Constitutional Convention, the delegates appointed the Committee of Style and Arrangement to bring together the textual provisions that the Convention had previously agreed to and to prepare a final constitution. Pennsylvania delegate Gouverneur Morris drafted the document for the Committee, and, with few revisions and little debate, the Convention adopted Morris’s draft. For more than two hundred years, questions have been raised as to whether Morris covertly altered the text in order to advance his constitutional vision, but modern legal scholars and historians studying the Convention have either ignored the issue or concluded that Morris was an honest scrivener. No prior article has systematically compared the Committee’s draft to the previously adopted resolutions or discussed the implications of those changes for constitutional law. This Article undertakes that comparison. It shows that Morris made fifteen significant changes to the Constitution and that many of the Constitution’s central elements were wholly or in critical part Morris’s work. Morris’s changes strengthened the national executive and judiciary, provided the textual basis for judicial review, increased presidential accountability through an expansive conception of impeachment, protected private property, mandated that the census report reflect “actual enumeration,” removed the constitutional text suggesting that slavery was just, and fought slavery’s spread. This Article also shows that Morris created the basis for the Federalist reading of the Constitution. Federalists—notably including fellow Committee member Alexander Hamilton—repeatedly drew on language crafted by Morris as they fought for their vision of the Constitution. Because the changes Morris made to the Convention’s agreed language were subtle, both Republicans and Federalists were able to appeal to text in the great constitutional battles of the early republic. Modern originalists claim that the Republican reading reflects the original understanding of the Constitution, but this Article argues that the largely dismissed Federalist reading explains words, phrases, and punctuation that the Republican reading ignores or renders unintelligible. By contrast, the Federalist reading of the Preamble (which they saw as a grant of substantive power), the Article I and Article II Vesting Clauses (which were contrasted to argue for expansive executive power), the Article III Vesting Clause (which they read to mandate the creation of lower federal courts), the Contracts Clause (which they read to cover public as well as private contracts), the Impeachment Clause (which they read to cover both nonofficial and official acts), and the “law of the land” provision (which they construed as a basis for judicial review) gives effect to Morris’s—and the Constitution’s—words.
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Bix, Herbert P. "Whither Japan? Seven Decades After Defeat." Monthly Review 67, no. 6 (November 2, 2015): 19. http://dx.doi.org/10.14452/mr-067-06-2015-10_2.

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The hard-won lessons of Japan's wartime defeat are enshrined in its National Constitution and Article 9 in particular.&hellip; For the past seventy years, Article 9 remained a fundamental principle of Japanese diplomacy, undergirded by memories of the Asia-Pacific War and the U.S. occupation, buttressed by important revisionist histories of Japanese imperialism. A politically recovered, economically restored Japanese populace still appreciates the Constitution and the relevance of Article 9. But conservative politicians who never believed in the Constitution's ideals repeatedly challenged and worked around Article 9 despite the majority's support for it.&hellip; Today, once again, Article 9 stands in danger of abandonment by interpretation rather than revision by constitutional processes.<p class="mrlink"><p class="mrpurchaselink"><a href="http://monthlyreview.org/index/volume-67-number-6" title="Vol. 67, No. 6: November 2015" target="_self">Click here to purchase a PDF version of this article at the <em>Monthly Review</em> website.</a></p>
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Li, Yueying. "Research on the Current Status of the Revision of Japanese Constitution Article 9." Lecture Notes in Education Psychology and Public Media 8, no. 1 (September 14, 2023): 170–75. http://dx.doi.org/10.54254/2753-7048/8/20230091.

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A constitution sets out the most fundamental rules of a country, and the rule of law warrants the country to act in accordance with its constitutional laws. Because of the supreme status of the constitution, complicated procedures are commonly required for constitutional revision. A constitution is rarely revised unless vital; however, persistent appeals for constitutional revision in Japan have arisen since the last century. Debates revolve mainly around Article 9, also known as the "peace clause", of which Japan claims to renounce war and war potentials for international peace. Supporters contend Article 9 allows Japan to concentrate on economic development, and prevents the militarist resurgence that had victimized countless people both inside and outside Japan in World War II. Yet, dissenters tend to deem that Article 9 could hinder Japans rights to self-defense. Despite decades of efforts made by constitutional revisionists, the Japanese constitution remains unchanged since its promulgation. Therefore, a need arose for this paper to investigate the peace clause to find out why its revision has been tremendously difficult. By reviewing the interpretations and enforcement of Article 9 through secondary sources, this paper also suggests that Article 9 should indeed be revised.
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Tsebelis, George. "Compromesso astorico: the role of the Senate after the Italian constitutional reform." Italian Political Science Review/Rivista Italiana di Scienza Politica 47, no. 1 (September 13, 2016): 87–104. http://dx.doi.org/10.1017/ipo.2016.21.

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The article examines the content of the constitutional amendments with respect to the Senate. While symmetric bicameralism would be abolished with respect to policymaking, it would be preserved and even exacerbated with respect to constitutional revisions. The consequences of the first would be a reduction of the number of institutional veto players, which would lead to the facilitation of policy change, and an increase in the power of the government (who is the agenda setter). The content of the new policies remains unknown, as are the economic consequences of the proposed changes. Constitutional revisions would become more difficult, because the ideological distance between the Chamber of Deputies and Senate would be likely to increase (because of the mode of selection of Senators), while article 138, which specifies the requirements for amendment to the constitution, would remain the same. As a result, the role of the Italian Constitutional Court would also likely increase.
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Dissertations / Theses on the topic "Constitutional revisionism"

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Vidot, Agnès. "La codification constitutionnelle des droits fondamentaux : Recherche sur l'absence de catalogue formel de droits fondamentaux dans la Constitution française du 4 octobre 1958." Electronic Thesis or Diss., La Réunion, 2023. http://www.theses.fr/2023LARE0031.

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Le rapprochement de la Constitution du 4 octobre 1958 des constitutions étrangères permet de mettre en lumière une particularité de l’ordre constitutionnel français. Notre loi fondamentale n’a jamais été dotée, au terme d’une opération de codification, d’un quelconque catalogue formel de droits fondamentaux comparable à ceux qui ont été introduits dès le début du XXème siècle dans d’autres États. Si elle n’est pas complètement ignorée, l’exception française a été assez peu interrogée. Que la rencontre entre droits fondamentaux et codification n’ait jamais eu lieu en France, volontiers désignée comme « pays des droits de l’homme » et « terre d’élection de la codification », ne peut pourtant manquer de retenir l’attention. La question se pose en particulier de savoir si la singularité de notre texte constitutionnel, saillante et intrigante, s’avère, en outre, irréductible. L’histoire de cette rencontre qui n’a jamais eu lieu est-elle, autrement exprimé, celle de rendez-vous manqués ou d’une liaison impossible ? La recherche se propose d’interroger tant la possibilité de codifier les droits fondamentaux dans la Constitution française du 4 octobre 1958, que l’utilité d’une telle opération
The comparison of the Constitution of October 4, 1958 with the foreign constitutions allows to highlight a specific feature of the French constitutional order. Our fundamental law has never been endowed, after a codification exercise, with any formal catalogue of fundamental rights comparable to those which were introduced from the beginning of the 20th century in other States. While it is not completely ignored, the French exception has been barely discussed. The fact that the meeting between fundamental rights and codification has never taken place in France, willingly referred to as the “country of human rights” and the “chosen land of codification”, cannot however fail to attract attention. In particular, the question arises whether the singularity of our constitutional text, which is both salient and intriguing, is also irreducible. In other words, is the story of this meeting that never took place the story of missed appointments or of an impossible relationship ? The research aims to question both the possibility of codifying fundamental rights in the French Constitution of October 4, 1958, and the usefulness of such an operation
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Senate, University of Arizona Faculty. "Faculty Senate Minutes September 12, 2016." University of Arizona Faculty Senate (Tucson, AZ), 2016. http://hdl.handle.net/10150/620849.

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Senate, University of Arizona Faculty. "Faculty Senate Minutes April 6, 2015." University of Arizona Faculty Senate (Tucson, AZ), 2015. http://hdl.handle.net/10150/554089.

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Senate, University of Arizona Faculty. "Faculty Senate Minutes May 2, 2016." University of Arizona Faculty Senate (Tucson, AZ), 2016. http://hdl.handle.net/10150/620124.

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Senate, University of Arizona Faculty. "Faculty Senate Minutes November 7, 2016." University of Arizona Faculty Senate (Tucson, AZ), 2016. http://hdl.handle.net/10150/621522.

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Senate, University of Arizona Faculty. "Faculty Senate Minutes May 1, 2017." University of Arizona Faculty Senate (Tucson, AZ), 2017. http://hdl.handle.net/10150/625406.

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BELAVUSAU, Uladzislau. "Freedom of expression : European and American constitutional models for Central and Eastern Europe." Doctoral thesis, 2011. http://hdl.handle.net/1814/18410.

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Defence date: 30 May 2011
Examining Board: Professor Wojciech Sadurski, University of Sydney / EUI (Supervisor); Professor Giovanni Sartor, EUI / Università degli studi di Bologna (Co-Supervisor); Professor Jiří Přibáň, University of Wales, Cardiff; Professor Michel Troper, Université Paris X Nanterre
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis inquires into the role and perspectives of the ‘European’ (mandatory) and ‘USA’ (persuasive) constitutional models of the right to freedom of expression for the constitutional debate in Central and Eastern Europe (CEE). This survey is based on the study of socio-legal developments in the Czech Republic, Hungary, and Poland, embracing the period of post-communist transition until 2010. The research focuses on three controversial issues in the realm of freedom of speech, namely (1) hate speech, (2) historical revisionism, and (3) pornography, before the U.S. Supreme Court and European Court of Human Rights. The essential novelty of the project is an assessment of European standards of free speech and non-discrimination beyond the mechanisms of the Council of Europe, encompassing the relevant aspects of EU law (judgements of the European Court of Justice and harmonised instruments) as mandatory standards for courts and legislators, including those in CEE. The research methodology transcends a standard case law assessment (comparative constitutional, public international, and EU law), normative jurisprudence and analytical philosophy, incorporating critical approaches stemming from post-structuralist scrutiny, rhetoric, sociology, legal history, history of ideas, and art criticism.
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Books on the topic "Constitutional revisionism"

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B, Mortham Sandra, and Florida. Dept. of State., eds. Proposed constitutional amendments and revisions to be voted on November 3, 1998. Tallahassee, FL: Florida Dept. of State, 1998.

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Institute of Southeast Asian Studies., ed. Shari'a & constitutional reform in Indonesia. Singapore: Institute of Southeast Asian Studies, 2007.

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Gingrich, Bob. Founding fathers vs. history revisionists: In their own words, founding fathers set the record straight. Bloomington, IN: AuthorHouse, 2008.

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Benka, Jen. A revisioning of the preamble to the Constitution of the United States of America. [Brooklyn, NY]: Booklyn, 2003.

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Enríquez, Marcos Gándara. Ecuador y sus hombres de estado: Estudio crítico revisionista de la historia del Ecuador, efectuado a la luz de documentos fehacientes. Quito: [Centro de Estudios Históricos del Ejército Ecuatoriano], 2001.

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Izaskun, Alvarez Cuartero, ed. Visiones y revisiones de la independencia americana: La independencia de América : la Constitución de Cádiz y las Constituciones Iberoamericanas. Salamanca: Ediciones Universidad de Salamanca, 2007.

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Garry, Patrick M. The American vision of a free press: An historical and constitutional revisionist view of the press as a marketplace of ideas. New York: Garland Pub., 1990.

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Benka, Jen. A box of longing with fifty drawers: A revisioning of the preamble to the Constitution of the United States of America. Brooklyn, NY: Soft Skull Press, 2005.

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1856-1913, Babbitt Charles J., Belden, Charles F. D. 1870-1931, and State Library of Massachusetts, eds. Hand-list of legislative sessions and sessions laws statutory revisions, compilations codes, etc., and constitutional conventions of the United States and its possessions and of the several states to May, 1912. Union, NJ: Lawbook Exchange, 2003.

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Community-Police Consultative Group for lambeth., ed. Constitution of the Community-Police Consultative Group for Lambeth: As adopted 4 July 1995 and incorporating revisions approved on 1 July 1997. London: Community-Police Consultative Group for Lambeth, 1997.

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Book chapters on the topic "Constitutional revisionism"

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Evans, Mark. "Constitutional Doctrine and Revisionism in the Labour Party." In Constitution-Making and the Labour Party, 15–39. London: Palgrave Macmillan UK, 2003. http://dx.doi.org/10.1057/9780230502260_2.

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Özbudun, Ergun. "Constitutional Revisions." In The Constitutional System of Turkey, 129–37. New York: Palgrave Macmillan US, 2011. http://dx.doi.org/10.1057/9780230337855_8.

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DeArmey, Michael H. "Historical and Analytical Justifications for Revisions to the United States Constitution." In The Constitution of the United States Revised and Updated, 55–97. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-40426-9_3.

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Bhatia, Gautam. "Judicial Evasion, Judicial Vagueness and Judicial Revisionism: A Study of the NCT of Delhi v Union of India Judgment(s)." In Constitutional Resilience in South Asia. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509948888.ch-011.

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Said, Zahr K. "Law and Literature in Intellectual Property Methodologies." In Handbook of Intellectual Property Research, 361–72. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198826743.003.0024.

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This chapter offers an overview of Law and Literature and explores three primary areas in which intellectual property (IP) scholarship engages with Law and Literature’s methods and tools: the creation of objects that give rise to rights; the definition and enforcement of those rights and their limits; and the narrative of progress and revisionist theories of the field. IP concerns intangible constructs: works, inventions, secrets, marks, or personas. IP ownership implicates theories of representation given the symbolic nature of IP rights to the things they protect, and determining the scope of protection almost always entails multiple interpretive steps. Hence theories of representation and interpretation are relevant to defining the work, assessing the scope of protection, and conducting infringement analysis. Lastly, Law and Literature offers larger narratives about IP that centre on values, history, textuality, theory, culture, context, selfhood, or community. Law and Literature has helped broaden beyond the narrow utilitarian framing of the received approach to IP and thus provided disciplinary cover for pluralistic accounts of the field to emerge. In this revisionism, the three main strands of Law and Literature—which centre on practical wisdom, interpretation, and narrative—offer diverse alternatives for measuring progress or evaluating the IP system in broader sociological and constitutional context.
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Rhee, Woo-Young. "South Korea." In The Oxford Handbook of Constitutional Law in Asia. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780198825463.013.6.

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Abstract This chapter examines South Korean constitutional law from the adoption of South Korea’s current constitution in 1987 to proposals for future reforms. It begins by introducing the constitutional revisions in 1987 that promoted democratization, clarified the relationship between government branches, advanced the protection of fundamental rights, and established the Constitutional Court (KCC). Next, the chapter focuses on the KCC. It charts major developments in key areas of the KCC’s jurisprudence. Finally, there have been vigorous debates about potentially revising the South Korea’s constitution in light of changes in South Korean society. The final section of this chapter explores these proposals.
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Williams, Robert F., and Lawrence Friedman. "Amending and Revising State Constitutions." In The Law of American State Constitutions, 399—C13N249. 2nd ed. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780190068806.003.0014.

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Abstract Part V surveys the range of methods and processes for change in the texts of state constitutions—both individual amendments and more comprehensive revisions. Each of these processes differs from the others and also produces different kinds of constitutional history materials that remain available for the interpretation process. In addition, amending and revising state constitutions often leads to litigation over these processes. This leads to a substantial judicial involvement in the processes of state constitutional amendment and revision that generates a number of legal doctrines that must be taken into account; similar doctrines are virtually nonexistent in federal constitutional law. The use of state constitutional amendments as elements of governance has become more common in the states.
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Biaggini, Giovanni. "The Evolution and Gestalt of the Swiss Constitution." In The Max Planck Handbooks in European Public Law, 639—C13N243. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192846693.003.0013.

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Abstract The chapter sets out the structure, the basic concepts, and the evolution of the Swiss constitution from when it was first conceived until today. It describes the significant developments in the creation of the first constitution of 1848 and its later amendments and full revisions of 1874 and 1999. The chapter shows how the Swiss Confederation was built on the basis of the constitution and how fundamental principles such as democracy, rule of law and federalism have shaped and remain important cornerstones of Swiss constitutional law until today. It delves into the institutional organization of the federation, assessing both political and judicial actors and their role in the constitutional order. Eventually, it explains how constitutional identity has been elaborated and is understood from a legal perspective.
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Biaggini, Giovanni. "The Evolution and Gestalt of the Swiss Constitution." In The Max Planck Handbooks in European Public Law, 639—C13N243. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198726425.003.0013.

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Abstract The chapter sets out the structure, the basic concepts, and the evolution of the Swiss constitution from when it was first conceived until today. It describes the significant developments in the creation of the first constitution of 1848 and its later amendments and full revisions of 1874 and 1999. The chapter shows how the Swiss Confederation was built on the basis of the constitution and how fundamental principles such as democracy, rule of law and federalism have shaped and remain important cornerstones of Swiss constitutional law until today. It delves into the institutional organization of the federation, assessing both political and judicial actors and their role in the constitutional order. Eventually, it explains how constitutional identity has been elaborated and is understood from a legal perspective.
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Hendrianto, Stefanus. "The Indonesian Constitutional Court and Informal Constitutional Change." In Constitutional Democracy in Indonesia, 219–40. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192870681.003.0011.

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Abstract During the constitutional reform process from 1999 to 2002, the 1945 Constitution underwent major revisions. Although the formal process of constitutional amendment ended in 2002, the creation of the Constitutional Court in 2003 prompted the process of informal amendment. This chapter argues that the main driving force of informal constitutional change is the jurisprudence of the Constitutional Court. Since its beginning, the Constitutional Court has fostered constitutional change through its interpretation of the written text. For instance, the Court’s interpretation of Article 33 on the Economic Clause has changed the scope and meaning of the Economic Clause. Similarly, in the area of electoral law, the Court has interpreted the meaning of some provisions in the Constitution beyond the written text. The role of the Constitutional Court in fostering informal constitutional change has occurred not only through the interpretation of the text, but also through the use of procedural tools, and it has even invented new procedural rules. In sum, this chapter argues that the Constitutional Court has become the primary actor in the silent transformation of the 1945 Constitution through informal constitutional change.
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