Judicializing Everything?: The Clash of Constitutionalisms in Canada, New Zealand, and the United Kingdom

Author:   Mark S. Harding
Publisher:   University of Toronto Press
ISBN:  

9781487528485


Pages:   192
Publication Date:   22 February 2022
Format:   Hardback
Availability:   In stock   Availability explained
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Judicializing Everything?: The Clash of Constitutionalisms in Canada, New Zealand, and the United Kingdom


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Author:   Mark S. Harding
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 15.70cm , Height: 2.30cm , Length: 23.10cm
Weight:   0.400kg
ISBN:  

9781487528485


ISBN 10:   1487528485
Pages:   192
Publication Date:   22 February 2022
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
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.

Table of Contents

1. Introduction 2. Constitutional Strength and Bills of Rights 3. Constitutional Reach: Severe Limits or Constitutionalizing Everything? 4. Constitutional Reach: The Private Sphere and The Clash Between Liberal and Post-Liberal Constitutionalisms 5. Balancing Institutional Relations: The Common Law and Bills of Rights 6. Strained Statutory Interpretation in New Zealand and The UK 7. Strained Statutory Interpretation in Canada 8. Conclusion Works Cited

Reviews

Judicializing Everything? unfolds political and legal constitutionalism, liberal and post-liberal constitutionalism, macro- and micro-constitutional change, the strength of judicial review, the reach of judicial review, and the law and politics of interpretation of statute law and common law. Mark S. Harding offers a nuanced account of constitutionalism and judicial review in contemporary liberal democracies. - Thomas M.J. Bateman, Professor of Political Science, St. Thomas University How best to protect rights: judicial supremacy or legislative primacy? Mark S. Harding's sophisticated contrast of intra-Commonwealth constitutionalisms suggests the answer may be a dynamic balance of judicial and legislative power mediated by the peculiarities of the local constitutional culture. Brilliant, innovative, and timely. A profoundly important book written in the best traditions of constitutional studies, combining rich contextual comparisons, careful case selection, rigorous theoretical inquiry, and deft political analysis. Outstanding! - Richard Albert, William Stamps Farish Professor in Law, The University of Texas at Austin Mark S. Harding brings together a number of literatures to examine clashing constitutionalisms. In doing so, he provides an important contribution to a number of scholarly debates, including the different models of judicial review, the public/private distinction and constitutional reach, dialogue theory and coordinate constitutionalism, and interpretation under bills of rights. Judicializing Everything? will be of great interest to scholars of comparative constitutionalism. - Emmett Macfarlane, Associate Professor of Political Science, University of Waterloo


Author Information

Mark S. Harding is an assistant professor in the Department of Political Science at the University of Guelph.

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