Please use this identifier to cite or link to this item: http://hdl.handle.net/1942/37853
Title: Constitutional identity, expressivism, and constitutional change through judicial interpretation: The Indonesian LGBT case as a case study
Authors: NUGRAHA, Yordan 
Issue Date: 2022
Publisher: OXFORD UNIV PRESS
Source: International journal of constitutional law (Print), (Art N° moac045)
Status: Early view
Abstract: Constitutional change can be produced through judicial interpretation when a particular dictum becomes informally entrenched and creates a new constitutional meaning without the need for a formal amendment. However, scholarship has not yet scrutinized the form of legal reasoning that may be used to push for such a change. The purpose of this article is to analyze the role of expressivism in justifying constitutional change through judicial interpretation. For this purpose, I have developed the expressivist framework into what I call “operationalized expressivism,” which refers to constitutional courts interpreting references to constitutional identity in the constitution such as to create a juridical effect. I then use the dissenting opinion in the Indonesian LGBT case as a case study of how operationalized expressivism can initiate a constitutional change. I have selected this particular opinion because of its potential to radically transform the constitutional landscape of Indonesia, as the dissenting judges have declared the Indonesian Constitution as a “Godly” Constitution that requires all laws to be consistent with religious values.
Document URI: http://hdl.handle.net/1942/37853
ISSN: 1474-2640
e-ISSN: 1474-2659
DOI: 10.1093/icon/moac045
ISI #: 000837012800001
Category: A1
Type: Journal Contribution
Validations: ecoom 2023
Appears in Collections:Research publications

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Final Version - Constitutional Change and Operationalized Expressivism.pdf
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