International Guest Lecture: Constitutional Implementation – Prof Marcus Bockenfored, Central European Univ.

Podcast Airlangga Forum, 26 Mar 2021 – Pointing to the problems and application of constitutional implementation. Airlangga University held a discussion forum themed “Constitutional Implementation”. The speakers and speakers invited to attend the forum were Prof. Markus Bocenforde (Head of Comparative Constitutional Law Program, Central European University), and Dr. Radian Salman, S. h,. LL.M (Postgraduate School of Airlangga University).

On the occasion of discussion in this forum, Prof. Markus Bocenforde delivered several opinions. Such are some of the specific constitutional challenges that are from war to peace, then from military rule, and authoritarian rule to democratic governance. In addition, from the words of implementation of the constitution he claimed that the old constitution or the standard of the provisional constitution in the operation adopted the drafting of a new constitution in the writing of the constitution. Determination by the courts and commissions, reporting requirements or other security measures.

On the other hand, Prof. Markus Bocenforde also said that during the transition period transformative from old pashing to introducing new ones. A country needs to take some action such as the establishment of new institutions or the drafting of possible laws. In addition, he also added protections from a constitution such as institutional independence and constitutional review, jurisdiction and access to constitutional review institutions, then independent commissions (anti-corruption, elections, media, and human rights), for example in India, and in South Africa.

Ownership relates to the participation of monitoring measures, if leaders are aware that citizens have the capacity to monitor them, to better respect constitutional limitations. Then it is concerned with strength, anticipating that they will also face resistance if they cross predetermined boundaries. Ownership produced by some specific constitutional rules and designs in the context of the constitution can develop and succeed if they firmly plant it in the cultural land from which they obtain ligotimasi. As for the collective prism of culture through which the constitution and political order are understood such as civil legal institutions or common law, then there is the type of federalism, and the Guurti system in Somaliland.

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