The new Commonwealth model of constitutionalism: theory and practice
The new Commonwealth model of constitutionalism: theory and practice
Law of the United Kingdom and Ireland > England and Wales > Constitutional structure and relations
Edition Details
- Creator or Attribution (Responsibility): Stephen Gardbaum
- Biografical Information: Stephen Gardbaum is the MacArthur Foundation Professor of International Justice and Human Rights at the University of California, Los Angeles (UCLA) School of Law. His research focuses on comparative constitutional law, constitutional theory and federalism.
- Language: English
- Jurisdiction(s): England
- Publication Information: Cambridge ; New York : Cambridge University Press, 2013
- Material: Internet resource
- Type: Book, Internet Resource
- Series title: Cambridge studies in constitutional law.
- Permalink: https://books.lawi.org.uk/the-new-commonwealth-model-of-constitutionalism-theory-and-practice/ (Stable identifier)
Short Description
XII, 262 pages ; 24 cm.
Purpose and Intended Audience
Useful for students learning an area of law, The new Commonwealth model of constitutionalism: theory and practice is also useful for lawyers seeking to apply the law to issues arising in practice.
Research References
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Bibliographic information
- Responsable Person: Stephen Gardbaum.
- Publication Date: 2013
- Country/State: England
- Number of Editions: 9 editions
- First edition Date: 2012
- Last edition Date: 2013
- Languages: British English
- Library of Congress Code: KD5025
- Dewey Code: 342.11241001
- ISBN: 9781107009288 1107009286 9781107401990 1107401992
- OCLC: 795909512
Publisher Description:
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.
Main Contents
Introduction
What is the new Commonwealth model and what is new about it?
The case for the new Commonwealth model
An internal theory of the new model
Canada
New Zealand
United Kingdom
Australia
General assessment and conclusions.
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.
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