The problem of inconsistency between legal theory and political theory regarding the principle of constitutionality

Abstract

The judicial institution is one of the political institutions that have a role in exercising authority and duty to enforce the constitution using legal theory as the main basis. It is necessary to morally read the Constitution in a way that is consistent with both legal theory and political theory because the Constitution has many dimensions, both in the legal dimension and in the political dimension, which may have different viewpoints on the issue. Legal interpretation of violations of the constitution in citing the principles of constitutionality by considering the legal dimension is important. It must take into account the will of the society that was established or written into the constitution to apply to all political institutions. The judicial reading of social will through the constitution is based on principles from legal theory. It is necessary to take into account political theory regarding the constitution in this matter. Especially the principle of self-government and the principles of rule of law that are necessary must be considered at an appropriate intersection. So that the constitution can have life in both legal theory and political theory.