MEANINGFUL PUBLIC PARTICIPATION AS THE ESSENCE OF CONSTITUTIONALISM IN LAW MAKING

Authors

  • Ardhes Blandhivay Leuanan Fakultas Hukum, Universitas Padjadjaran, Bandung Author

DOI:

https://doi.org/10.65244/jggls.v2i2.487

Keywords:

Constitutionalism, deliberative democracy, law making, public participation

Abstract

Discourse on constitutionalism often emphasizes the existence of a written constitution as the foundation of democratic governance. Yet, constitutionalism is not merely about the text but it is about the lived practices that give substance to constitutional ideals. This article interrogates the extent to which participation moves beyond symbolic consultation to become a substantive mechanism that embodies constitutionalism in practice. The central research question is how can meaningful public participation be conceptualized and operationalized as the essence of constitutionalism in legislative processes?  It examines constitutional provisions, statutory frameworks, and judicial interpretations in selected jurisdictions. The analysis is enriched by theoretical frameworks of deliberative democracy and participatory constitutionalism, which highlight the normative value of inclusivity, transparency, and accountability in law making. The article concludes that embedding meaningful public participation transforms law-making from a formal exercise of authority into a constitutional practice that legitimizes governance, strengthens democracy.

 

Downloads

Download data is not yet available.

References

APA. “‘Constitutions without Constitutionalism’ and Judicial Leadership in Kenya.” In American Psychological Association, 18:345–65, 2025. https://doi.org/10.1080/17531055.2024.2375076.

Bedner, Adriaan. Administrative Courts in Indonesia: A Socio-Legal Study. Leiden: Briil, 2021. https://doi.org/10.1163/9789004481992.

Kemala, Amanda R. “Legitimacy and Compliance: The Role of Meaningful Participation in Environmental Law Enforcement in Indonesia.” Gadjah Mada University, 2024.

Nurdiansyah, Fajar, and Rizky Argama. “Civic Space Constriction and the Omnibus Law-Making in Indonesia.” In Proceedings of the 5th International Conference on Law and Governance, 88. Surabaya: Airlangga University Press, 2021.

Riqiey, Baharuddin, and Reza Maulana Hikam. “Constitutionality of Formal Testing of Draft Laws by the Constitutional Court.” Indonesian Journal of Law and Islamic Law 7, no. 1 (2025): 27. https://doi.org/https://doi.org/10.35719/ijlil.v7i1.450.

Susanti, Bivitri. Towards Meaningful Participation: A Practical Guide for Civil Society in Legislative Advocacy. Jakarta: PSHK Press, 2022.

Wardana, Dodi Jaya, Sukardi Sukardi, and Salman Radian. “Public Participation in the Law-Making Process in Indonesia.” Jurnal Media Hukum 30, no. 1 (2023). https://doi.org/https://doi.org/10.18196/jmh.v30i1.14813.

Published

2026-03-27

How to Cite

MEANINGFUL PUBLIC PARTICIPATION AS THE ESSENCE OF CONSTITUTIONALISM IN LAW MAKING. (2026). Journal of Golden Generation Legal Science, 2(2), 408-416. https://doi.org/10.65244/jggls.v2i2.487

Similar Articles

1-10 of 11

You may also start an advanced similarity search for this article.