The New Commonwealth Model of Constitutionalism: Theory and Practice

by Stephen Gardbaum

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.

Product Details

ISBN-13:	9781139610148
Publisher:	Cambridge University Press
Publication date:	01/03/2013
Series:	Cambridge Studies in Constitutional Law , #5
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

About the Author

Stephen Gardbaum is the MacArthur Foundation Professor of International Justice and Human Rights at UCLA School of Law. He is currently a Fellow at New York University's Straus Institute for the Advanced Study of Law and Justice and was the 2011–12 Guggenheim Fellow in constitutional studies. An internationally recognized constitutional scholar, his research focuses on comparative constitutional law, constitutional theory, and federalism. Having previously identified 'the new Commonwealth model of constitutionalism' as a novel general approach to bills of rights, he was the keynote speaker at the 2009 Protecting Human Rights conference in Australia, part of the major debate in that country about adopting this model through a national human rights act. Other recent work includes a series of articles on the comparative structure of constitutional rights, which have just been collected and published as a book by the European Research Center of Comparative Law. His scholarship has been cited by the US and Canadian Supreme Courts and widely translated.

Table of 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.

Editorial Reviews

"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

"In this excellent comparative study of rights protection, Stephen Gardbaum argues that a "new model of constitutionalism" has emerged from Commonwealth countries … This is a book that deserves a very wide readership. It is written and structured with beautiful clarity. … [It is] a valuable contribution to the literature and should become a key point of reference from which the theory and practice of rights protection and constitutionalism might continue to be understood."
Lawrence McNamara, International and Comparative Law Quarterly

"[A]n impressive and valuable contribution that pushes the boundaries of the debate … [and] invites scholars to do no less than reassess how they conceive the very function of a bill of rights."
Janet Hiebert, Public Law

From the Publisher