1. Indigenizing Constitutionalism: A Critical Reading of “Asian Constitutionalism” by Pranoto Iskandar of the Institute for Migrant Rights, at 3–42;

The intense rise of the “Rest” has not only significantly wrought the real-world
dimensions of the political and economic global landscape, which marked the
power shift from the traditional West, but serenely introduced a different kind
of intellectualism that challenges the Enlightenment based orthodoxies that
have typically supported the liberal tradition. As a distinct scholarly strain, this
vantage point of the “other” primarily rests on the binary self-proclaimed indigeneity,
i.e. the native values of a society, that eventually challenges the legitimacy
of the once well-established notions such as the rule of law, separation of
power, secularism and constitutionalism that are the indisputable buttresses of
democracy. In that light, this article situates the emerging ni debate on a distinct
model of constitutionalism in Indonesia and the surrounding countries as the
most current rebellious streak against the liberal constitutionalism. In so doing,
more specifically this article critically examines the application of the indigeneity-
based arguments in the context of the discourse on constitutionalism. Rather
than speaking for the population that they are purportedly representing, this article
finds that the indigeneity-based arguments are no less alien than the liberal
model that they despise as both culturally and sociologically estranged.

Keywords: Comparative Law, Human Rights, International Law, Indonesia, Authoritarianism, Illiberalism.

2. Updating the Law of Trade Secrets in Saudi Arabia, Wahj Wazzan, Attorney at Law at Reda J. Abdulrazak Law Firm, 43-73;

Saudi Arabia is an Arab sovereign state which has been a member of WTO since 2005. Islam is the official religion and all laws must be compatible with the religion of Islam to enforce a rule in the country. Although Islam has never addressed intellectual property rights nor judicial remedies in the event of misappropriation, Islam is utterly reconcilable with providing protection regarding IP rights; specifically, trade secrets. Notwithstanding the new vision to become a developed country and lessen its dependency on oil, Saudi Arabia lacks an effective protection concerning trade secrets despite the considerable reliance by businesses on the law of trade secrets due to the fact that companies are facing a daily threat of losing the competitive edge. Some of the deficiencies in Saudi Arabia are unclear definition of trade secrets, the absence of cause of action, and inequitable remedies. For that reason, this article suggests ameliorating and amending the law of trade secrets in Saudi Arabia to provide secret owners with an advanced, efficient legal mechanism of safeguarding trade secrets. 

Keywords: Law Reform, Competition Law, Private Law, Comparative Law, Islamic

3. Star Chamber in Context by Akhil Sud of Yale Law School, at 75-98; 

Star Chamber used much discretion, yet not in ways that set it apart from the
rest of the early modern English legal system. The popular label to the contrary
is a myth. This myth has been partly debunked by some historians. In this paper,
I attempt to further debunk it, and in a slightly different way. I use the interaction
between power and justice as my analytical lens, to reveal broad parallels
between Star Chamber and the common law criminal justice system. I hope
to show that similar goals underlay the law in both realms, and that the two
were therefore not fundamentally different. Though only one survived, they were
products of the same age and philosophy. The broader significance of this paper
lies in the fact that Star Chamber is an excellent case study for larger lessons
about history, norms, and morality. It uses sound historical method by arguing
that the right baseline for evaluating Star Chamber is its context, and not moral
sensibilities today. In addition to espousing methodological soundness, this
paper seeks to preserve history’s normative power: if we despise Star Chamber
because it was especially tyrannical, we will conflate incongruity with immorality.
We can continue to despise Star Chamber, but we must also acknowledge
its congruity with its context. Once we do that, we will be more conscious of a
crucial principle: just because something is normal doesn’t mean it's moral.

Keywords: Common Law, Law and History, Legal System, Comparative Law, Judicial

Recent Development:

4. Reform of Judicial Independence Rules in Egypt, Sham Al Din Al Hajjaji, Independent Scholar, Egypt

This paper argues that judicial independence role in Egypt lacks any form of checks and balance, which reinstate the role of judicial autonomy over judicial independence. The judicial independence is a debatable issue in the contemporary history in Egypt. Judges, lawyers and activist called for judicial reform after the success of the 2011 Revolution. The paper proposes the Egyptian concept of judicial independence which reflects an understanding of autonomy rather than independence. There is a clear lack of understanding of checks-and-balance in theory and practice of judicial independence. The question of separation of powers and between the judiciary, the legislative and the executive imposes a call for reform for the role of the Minister of Justice, the Judicial Inspection Department, and the president of the primary court over judges. As a result, the research answers several questions regarding the formulation, organization and separation of power in the Egyptian judiciary.   

Keywords: Judiciary; Judicial independence; Judicial Autonomy; Judicial Reform; Islamic Law.


4. More Reason for Opening Up Higher Education by Nandang Sutrisno of Universitas Islam Indonesia, at 137-44.