Intl. Public Lecture with Prof. Richard Albert, Univ Texas at Austin USA: Next Generation of Constitutional Design

News of UNAIR Postgraduate School, 27 Aug 2021 – Airlangga University Postgraduate School again held the Airlangga Forum. This discussion forum Airlangga Forum raised a theme THE NEXT GENERATION OF CONSTITUTIONAL DESIGN. Present as a speaker as well as a resource person in this discussion were Prof. Albert.

Seeing from one side in the field of law, of course, makes the law irrelevant. As in the process and amendments to the constitution, in general, procedures require a higher threshold of ratification in the approval of amendments. According to Prof. Albert, it has become a political tradition that changes the order and reconstructs the constitution at the same time. However, the impact resulting from this is an arbitrary act without regard to all aspects of the social environment and has a major effect on the laws that apply in society. This often happens in America, Africa, Asia, and Europe so it can be concluded that this case has become commonplace for the world.

He is of the opinion that changes to the constitution like this should not be approved because changes to the constitution need a process, in fact each detail has a different process and approval. Not only from the perspective of oneself but also in general because this constitution concerns the wider community who will later respond to the results of the government’s performance.

Then in terms of constitutional changes that have aspects of change that benefit a country, of course it is necessary to have advantages in terms of clarity, predictability, and transparency. So that later on we can distinguish constitutional rules according to their interests and clarify which of the values ​​in the constitution are more important and should be more relevant in general.

So the process of change mentioned by Prof. Albert has a balanced or balanced side compared to changing as desired or from the point of view of a person or a particular group. So that changes that have a process are part of the future constitutional design and of course this must be part of the next generation’s constitutional design. So that justice in society is maintained as part of the mandate of the nation and state.

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