KnE Social Sciences
ISSN: 2518-668X
The latest conference proceedings on humanities, arts and social sciences.
Power Reduction in Constitutional Democracy
Published date: Jan 05 2024
Journal Title: KnE Social Sciences
Issue title: 4th International Conference on Law Reform (4th INCLAR)
Pages: 188–208
Authors:
Abstract:
The study of constitutional democracy essentially refers to the first two basic conceptions, relating to the journey of democratizing power and law in the life of the state, which is theoretically a study of state power to exercise people’s sovereignty in a constitutional democratic socio-political system. Second, with regard to the limitation of the power of the holder of the exercise of popular sovereignty which is espoused in a democratic and constitutional state constitution. This article aims to analyze the principle of implementing popular sovereignty. The 1945 Constitution of the Republic of Indonesia also affirms that Indonesia is a state of law. With a linear understanding, it can be explained that all state administration must be fully based on law. On that basis, the 1945 Constitution of the Republic of Indonesia before affirming Indonesia as a state of law, first affirmed the position of state sovereignty which is in the hands of the people as a source of legitimacy. This means that the choice of the rule of law in Indonesia depends on the sovereignty that is in the hands of the people or a democratic rule of law.
Keywords: constitutional democracy, people’s sovereignty, constitutional law
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