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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The New Commonwealth Model of Constitutionalism

ISBN13: 9781107009288
Published: January 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £64.99
Paperback edition , ISBN13 9781107401990

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The introduction of recent bills of rights in Canada, New Zealand, the United Kingdom and Australia has been a significant departure from constitutional tradition within these countries. It is also an experiment in a new third way of organizing basic institutional arrangements in a democracy that promises both an alternative to the conventional dichotomy of legislative versus judicial supremacy and innovative techniques for protecting rights. This 'new Commonwealth model of constitutionalism' is an intriguing and important development in constitutional design of relevance to drafters of bills of rights everywhere. Stephen Gardbaum explores the theory and practice of the model, analyses its novelty and normative appeal as a third general model of constitutionalism and presents individual and comparative assessments of the operational stability, distinctness and success of its different versions in the various jurisdictions.

Constitutional and Administrative Law
1. Introduction

Part I. Theory:
2. What is the new Commonwealth model of constitutionalism and what is new about it?
3. The case for the new Commonwealth model
4. An internal theory of the new model

Part II. Practice:
5. Canada
6. New Zealand
7. United Kingdom
8. Australia
9. General assessment and conclusions.