Conclusion

This chapter shows how the coloniser's involvement in the constitution-making process of its former colony could force many colonial values into the constitution of a newly-liberated country.

If the local actors who participated in such a process came from privileged backgrounds and graduated from the coloniser's educational system, this was especially the case. However, as shown in the case of Indonesia with its 1945 Constitution, even though a constitution can adopt many colonial values - including those used to maintain the hegemony of colonial political power over its colonies - there is also no guarantee that it will automatically be considered a colonial constitution, as shown by how the 1945 Constitution succeeded in symbolising the spirit of anti-colonialism and achieving a sacred status in the eyes of the public due to that perception. 'lhe reason why the public accepted the 1945 Constitution and even considered it to embody an anti-colonial spirit likely resulted from its ability to resolve disagreements regarding the position of religion in the new state. It helped Indonesia achieve its independence - thus ending centuries of colonialism.

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Source: Bui Ngoc Son, Malagodi Mara (eds.). Asian Comparative Constitutional Law, Volume 1: Constitution-Making. Hart Publishing,2023. — 495 p.. 2023

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