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Vol 21 No 11 Nov/Dec 2016

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The New Commonwealth Model of Constitutionalism: Theory and Practice


ISBN13: 9781107401990
Published: January 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £26.99
Hardback edition , ISBN13 9781107009288



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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.

Subjects:
Constitutional and Administrative Law
Contents:
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.