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.
• Comprehensive study of an important recent constitutional experiment to forge a new way of protecting rights in a democracy will appeal to those who are dissatisfied with the two existing approaches and are looking for an alternative • Analysis of the theory and practice of the new Commonwealth model of constitutionalism includes and integrates normative and empirical, legal and political approaches to the subject • Systematic comparative analysis of the recent rights revolutions in Canada, New Zealand, the United Kingdom and Australia suggests what can be learned or borrowed from each
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.
Printer friendly version