Bulletin n. 2/2010 | ||
October 2010 | ||
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in Journal of East Asian Studies , Volume 10, Number 3, Sep.-Dec. , 2010 | ||
Indonesia’s Constitutional Court has played a significant role in that country’s transformation from a violent-prone polity into Southeast Asia’s most stable democracy. The Court has advanced institutional conflict resolution mechanisms and expanded democratic rights—two achievements identified by Linz and Stepan as major indicators of a consolidating democracy. Building on models developed by Ginsburg and Horowitz, I also illustrates why the Court has been able to defend its autonomy and become an agent of democratization. While sharing Ginsburg’s emphasis on high levels of power diffusion as a key reason for the Court’s success, this article moves beyond such an approach. Most importantly, it suggests that the judges’ “judicial activism”—as expressed in a number of controversial but popular decisions—increased Indonesian society’s support for the Court to such an extent that is has now become largely invulnerable to attempts of external intervention. | ||