Effectiveness of Constitutional Implementation in the National Legal System: Analysis of the Gap between Principles and Reality

Author (s) : Ukar Sukarna, Max Zakaria Ratulangi, Fika Agustiani
Institution : University of Pakuan Bogor, Indonesia
Category : Implementation of the Constitution; National Legal System; Gap between Principle and Reality; Constitutional Court; Legal Compliance
Topics : Article, UJMMU

This study examines the effectiveness of constitutional implementation in national legal systems with a focus on the gap between principles and reality. The constitution, as a fundamental document that regulates governance and citizens’ rights, serves as a normative foundation for the legal system. However, in practice, there are often significant differences between what is stipulated in the constitution and how these principles are implemented in the field. This literature review explores various theories and concepts related to constitutional implementation, including the roles of constitutional courts, legislativ bodies, and executives in ensuring compliance with the constitution. In addition, it also examines factors that influence the effective implementation of the constitution, such as the quality of human resources, the availability of legal infrastructure, and legal culture in society. This study also assesses various case studies in various countries to identify common patterns and factors that contribute to the gap between constitutional principles and legal practice. The findings of this study indicate that although constitutions are often formulated carefully and comprehensively, the main challenge lies in their consistent and effective implementation. In conclusion, the effective implementation of the constitution requires special attention to the harmonization of constitutional principles and existing legal practice, as well as continuous improvement in the mechanisms for implementing and supervising the law.

Article can be downloaded here >> Effectiveness of Constitutional Implementation in the National Legal System:
Analysis of the Gap between Principles and Reality