Although not yet institutionalized in a slick, and expressly referred to as constitutionalism, in i

Posted barker photographic on January 16, 2012 by wahyudidjafar Posted in Law and Human Rights, Constitutionalism Tagged amendment to the constitution, the constitution, the Indonesian Constitution, Constitutionalism, Amendment of the Constitution, Constitutionalism History 1 Comment
Although not yet institutionalized in a slick, and expressly referred to as constitutionalism, in its history, understand konstitusionalisme- constitutionalism -at present barker photographic essentially classical Athens since the growth of democracy. Politeia which became part of Greek culture, an embryo inception of the idea of constitutionalism. In terms Politeia implies:
"All the innumerable characteristic roomates Determine that the state's peculiar nature, and Reviews These include its whole economic and social texture as well as governmental matters in our modern narrower barker photographic sense. It is a purely descriptive term, and as inclusive in its meaning as our own use of the world when we speak Generally constitution of man's constitution or of the constitution of matter. "[1]
Legal experts in the period of Ancient Greece, like Plato, Socrates, and Aristotle was admitted to the presence of the spirit of constitutionalism in the practice of constitutional policy of Athens. Aristotle, in his Politics, states: barker photographic "A constitution (or polity) may be defined barker photographic as the organization of a policy, in respect barker photographic of its offices Generally, barker photographic but especially in respect of that particular barker photographic office the which is Sovereign in all issues." [2 ] However, not specifically the separation between barker photographic state and society in the governance model of the city-state of Athens, which means citizens as well also be perpetrators of political power played a role in the legislative and judicial functions, has resulted barker photographic in the idea of constitutionalism gray Ancient Greece. The requirement to participate directly barker photographic in the process of the state, resulting in about the public and the private nature walk intertwined. The blurring between barker photographic state and society in a pure democracy, which requires direct participation barker photographic here, which triggered no sympathy barker photographic Plato and Aristotle against democracy. According to Aristotle, a country that implements a pure democracy, with the highest power in the hands of a majority vote, and the rule of law replaces, has the potential barker photographic to give birth to the firebrand barker photographic leader of the people, which led to democracy slip into despotism. [3]
Departing from Aristotle's criticism that, in ancient Roman times, was born the idea of the significance of a constitution. The Constitution is expected to reflect and balance the interests of all political groups into a hope. [4] In the period of the ancient Roman constitution began to be understood as a force over the country, the constitution is interpreted as a guiding rule for state building, to be established based on the principle of the higher law -konstitusi. The idea of constitutionalism subsequently assembled as an attempt barker photographic to limit the power in order not to behave in an arbitrary and corrupt. Lord Acton said the man who has the power tend to abuse that power, but the man who has unlimited power will abuse it certainly is infinitely too-powers tends to corrupt, absolute power corrupts but absolutely. [5] Because of that power must be constrained by the limited barker photographic state konstitusi-. The Constitution guarantees the rights of citizens, and regulate the operation of the country with the division such that the executive power is offset by the power of the legislative and judicial institutions.
"A set of activities organized by and operated on Behalf of the people, but subject to a series of restraints roomates attempt to Ensure that the power the which is needed for Reviews such governance is not abused bay fig Those who called upon to do the governing -a collection activities organized by and for the people, but imposed some restrictions that are expected to ensure that the necessary powers to rule it is not misused by those who had the duty to govern. "[6]
John Alder, revealed that the rule of law and separation of separation of powers -as kekuasaan- two main aspects that upholding constitutionalism, the law should limit the power of government. A complete said, "the concepts of the rule of law and the separation of powers are aspects of the wider notion of 'constitutionalism', that is, the idea that governmental barker photographic power should be limited by law." [7] Meanwhile, according to Junji Annen , constitutionalism is a form of restrictions on political power, through a constitution. In line with Junji, Lane defines constitutionalism as a political doctrine, which expressly states that the political authorities must be limited by an institution that limits the exercise barker photographic of power.
The same opinion was also expressed by Scott Gordon, who clicking