Semantic Scholar Open Access 2025

The Eternity of the Constitution: A Study of the Unamendable Clauses in Southeast Asian Countries

N. Nggilu Mohamad Rivaldi Moha Chami Yassine Dian Ekawaty Ismail

Abstrak

Constitutions, as the highest legal documents, often include Eternity clauses to protect core values that remain unalterable. In Southeast Asia, countries implement these clauses in various ways, reflecting the region’s complex social, political, and historical contexts. This study examines how Southeast Asia countries apply immutability clauses and assesses their impact on legal stability and political reform. Using a multidisciplinary comparative approach, the research focuses on the Philippines, Indonesia, Malaysia, and Myanmar, analyzing the variations in their design and implementation. The study finds that Unamendable clauses help protect fundamental values such as the rule of law, democracy, and territorial integrity. However, these clauses also generate tensions between the need for stability and the demand for legal flexibility. The study’s novelty lies in its multidimensional analysis, which links law, politics, and culture, offering insights into the relevance of unamendable clauses amid modern challenges such as globalization and democratic pressures. By integrating legal, political, and social dimensions, the research shows that legal stability requires not only formal protection through unamendable clauses but also strong institutions and active public participation. These findings provide important insights for policymakers in Southeast Asia countries and contribute to the global literature on constitutional law.

Penulis (4)

N

N. Nggilu

M

Mohamad Rivaldi Moha

C

Chami Yassine

D

Dian Ekawaty Ismail

Format Sitasi

Nggilu, N., Moha, M.R., Yassine, C., Ismail, D.E. (2025). The Eternity of the Constitution: A Study of the Unamendable Clauses in Southeast Asian Countries. https://doi.org/10.21056/aec.v25i102.2041

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Informasi Jurnal
Tahun Terbit
2025
Bahasa
en
Sumber Database
Semantic Scholar
DOI
10.21056/aec.v25i102.2041
Akses
Open Access ✓