TY - JOUR
T1 - Political conflict resolution and democratic consolidation in Indonesia
T2 - The role of the constitutional court
AU - Mietzner, Marcus
PY - 2010
Y1 - 2010
N2 - This article argues that Indonesia's Constitutional Court has played a significant role in that country's transformation from a violence-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, my analysis 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 decision-increased Indonesian society's support for the Court to such an extent that is has now become largely invulnerable to attempts of external intervention.
AB - This article argues that Indonesia's Constitutional Court has played a significant role in that country's transformation from a violence-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, my analysis 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 decision-increased Indonesian society's support for the Court to such an extent that is has now become largely invulnerable to attempts of external intervention.
KW - Conflict resolution
KW - Constitutional court
KW - Democratic consolidation
KW - Indonesia
UR - http://www.scopus.com/inward/record.url?scp=78049471726&partnerID=8YFLogxK
U2 - 10.1017/S1598240800003672
DO - 10.1017/S1598240800003672
M3 - Article
SN - 1598-2408
VL - 10
SP - 397
EP - 424
JO - Journal of East Asian Studies
JF - Journal of East Asian Studies
IS - 3
ER -