The New Commonwealth Model of Constitutionalism Theory and Practice [Paperback]

Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.Stephen Gardbaum proposes a new way of protecting rights in a democracy via a theoretical, practical and comparative analysis of recent bills of rights in Canada, New Zealand, the United Kingdom and Australia. It will be of interest to, among others, academics, human rights practitioners and constitutional designers.Stephen Gardbaum proposes a new way of protecting rights in a democracy via a theoretical, practical and comparative analysis of recent bills of rights in Canada, New Zealand, the United Kingdom and Australia. It will be of interest to, among others, academics, human rights practitioners and constitutional designers.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.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 lC!