The New Commonwealth Model of Constitutionalism: Theory and Practice (Cambridge Studies in Constitutional Law)
| Author | : | |
| Rating | : | 4.80 (538 Votes) |
| Asin | : | 0511920806 |
| Format Type | : | paperback |
| Number of Pages | : | 565 Pages |
| Publish Date | : | 2016-06-13 |
| Language | : | English |
DESCRIPTION:
It closes by proposing a set of general and specific reforms aimed at enhancing these practical outcomes.. As such, it is an intriguing and important development in constitutional design of relevance to drafters of bills of rights everywhere. 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. 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. 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
"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"An impressive piece of constitutional scholarship, offering a cogent, sophisticated account of the third paradigm." Scott Stephenson, Modern Law Review"This is a book that deserves a very wide readership. It is written and structured with beautiful clarity." Lawrence McNamara, International a
Stephen Gardbaum is the MacArthur Foundation Professor of International Justice and Human Rights at UCLA School of Law. 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. 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 st
"Intriguing and Useful Addition to the Constitutional Literature" according to Bruce Friedrich. I enjoyed the book, but there was a LOT of redundancy, and I think it would have profited from dropping the idea that the "New Model" is new, since it's really just a brand of legislative supremacy. From there, Gardbaum could have argued for his favored reforms, all of which seem entirely sensible, and all of which would improve any system that implemented them, regardless of which branch makes the final constitutional decision.