The New Commonwealth Model of Constitutionalism: Theory and Practice

Author:   Professor Stephen Gardbaum
Publisher:   Cambridge University Press
Volume:   5
ISBN:  

9781139625029


Pages:   275
Publication Date:   14 May 2014
Format:   Electronic book text
Availability:   In stock   Availability explained
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The New Commonwealth Model of Constitutionalism: Theory and Practice


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Overview

Stephen Gardbaum argues that recent bills of rights in Canada, New Zealand, the United Kingdom and Australia are an experiment in a new third way of organizing basic institutional arrangements in a democracy. This new Commonwealth model of constitutionalism promises both an alternative to the conventional dichotomy of legislative versus judicial supremacy and innovative techniques for protecting rights. As such, it is an intriguing and important development in constitutional design of relevance to drafters of bills of rights everywhere. In developing the theory and exploring the practice of this new model, the book analyses its novelty and normative appeal as a third general model of constitutionalism before presenting individual and comparative assessments of the operational stability, distinctness and success of its different versions in the various jurisdictions. It closes by proposing a set of general and specific reforms aimed at enhancing these practical outcomes.

Full Product Details

Author:   Professor Stephen Gardbaum
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Volume:   5
ISBN:  

9781139625029


ISBN 10:   1139625020
Pages:   275
Publication Date:   14 May 2014
Audience:   General/trade ,  General
Format:   Electronic book text
Publisher's Status:   Active
Availability:   In stock   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

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[A]n impressive piece of constitutional scholarship, offering a cogent, sophisticated account of the third paradigm. Scott Stephenson, Modern Law Review [This book] is a must-read in the growing literature on comparative constitutional law and deserves a broad international audience. Sujit Choudhry, International Journal of Constitutional Law Stephen Gardbaum's The New Commonwealth Model of Constitutionalism: Theory and Practice is one of the most important books about comparative judicial review and constitutional design published in recent years. Ran Hirschl, International Journal of Constitutional Law This is a book that deserves a very wide readership. It is written and structured with beautiful clarity. Lawrence McNamara, International and Comparative Law Quarterly


This is a book that deserves a very wide readership. It is written and structured with beautiful clarity. Lawrence McNamara, International and Comparative Law Quarterly Stephen Gardbaum's The New Commonwealth Model of Constitutionalism: Theory and Practice is one of the most important books about comparative judicial review and constitutional design published in recent years. Ran Hirschl, International Journal of Constitutional Law [This book] is a must-read in the growing literature on comparative constitutional law and deserves a broad international audience. Sujit Choudhry, International Journal of Constitutional Law [A]n impressive piece of constitutional scholarship, offering a cogent, sophisticated account of the third paradigm. Scott Stephenson, Modern Law Review


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