Comprehending The Epistemic Examination of The Finality and Binding Nature of Constitutional Decision

This paper critiques the dominant intercultural discourse of universally understandable and testable knowledge, focusing on the role of intersubjectivity in modern science. It argues that the validation of knowledge and the condemnation of inappropriate practices, particularly in legal contexts, are crucial in contemporary society. The study emphasizes that constitutional decisions are shaped not only by legal provisions but also by the search for values tied to truth. It explores how constitutional justice hinges on a judge’s ability to discover truth and value free from external influences. The paper also highlights the importance of legal knowledge following established rules, stressing that while judges apply legal principles and juries determine facts, legal rules must be continually critiqued to ensure just and reasonable adjudication. The research contributes to understanding the intersection of law, truth, and objectivity in the evolving landscape of constitutional decision-making.

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Publication Details

Journal
Yustisia Tirtayasa Jurnal Tugas Akhir
Published
2024-12-23
DOI
https://doi.org/10.51825/yta.v4i4.28626
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
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article

Comprehending The Epistemic Examination of The Finality and Binding Nature of Constitutional Decision

Artha Debora Silalahi
Yustisia Tirtayasa Jurnal Tugas Akhir
Judicial and Constitutional Studies
article

Comprehending The Epistemic Examination of The Finality and Binding Nature of Constitutional Decision

Artha Debora Silalahi
article en

Abstract

This paper critiques the dominant intercultural discourse of universally understandable and testable knowledge, focusing on the role of intersubjectivity in modern science. It argues that the validation of knowledge and the condemnation of inappropriate practices, particularly in legal contexts, are crucial in contemporary society. The study emphasizes that constitutional decisions are shaped not only by legal provisions but also by the search for values tied to truth. It explores how constitutional justice hinges on a judge’s ability to discover truth and value free from external influences. The paper also highlights the importance of legal knowledge following established rules, stressing that while judges apply legal principles and juries determine facts, legal rules must be continually critiqued to ensure just and reasonable adjudication. The research contributes to understanding the intersection of law, truth, and objectivity in the evolving landscape of constitutional decision-making.

Yustisia Tirtayasa Jurnal Tugas AkhirVol. 4(4)
Universitas Gadjah Mada (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 48%
Judicial and Constitutional Studies
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