The New Commonwealth Model of Constitutionalism: Theory and Practice (Cambridge Studies in Constitutional Law, Series Number 5)
by
Stephen Gardbaum
(Author)
| Stephen Gardbaum (Author) Find all the books, read about the author, and more. See search results for this author |
ISBN-13: 978-1107401990
ISBN-10: 1107401992
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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.
Editorial Reviews
Review
"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
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
Book Description
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
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.
Product details
- Publisher : Cambridge University Press (February 25, 2013)
- Language : English
- Paperback : 276 pages
- ISBN-10 : 1107401992
- ISBN-13 : 978-1107401990
- Item Weight : 14.8 ounces
- Dimensions : 5.99 x 0.63 x 9.02 inches
- Best Sellers Rank: #4,497,893 in Books (See Top 100 in Books)
- #2,005 in Constitutional Law (Books)
- #5,963 in General Constitutional Law
- Customer Reviews:
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Reviewed in the United States on May 10, 2015
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.