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21 - A New Commonwealth Constitutionalism?

from Part V - Transnational Constitutionalism

Published online by Cambridge University Press:  30 September 2019

By
Claudia Geiringer
Edited by
Roger Masterman  and
Robert Schütze
Roger Masterman
Affiliation:
University of Durham
Robert Schütze
Affiliation:
University of Durham
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Summary

Until recently, standard accounts of the global constitutional landscape assigned the world’s constitutions to one of two dichotomous models for the constitutional protection of human rights: legislative supremacy or judicial supremacy. According to this binary taxonomy, the first model is characterized by the absence of any codified bill of rights and by the allocation of final authority on human rights questions to the legislative branch of the state. The second is characterized, to the contrary, by the presence of an entrenched and supreme law bill of rights, interpreted and enforced (including as against the legislature) by courts of some kind.1

Type
Chapter
Information
The Cambridge Companion to Comparative Constitutional Law , pp. 554 - 579
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Gardbaum, S., The New Commonwealth Model of Constitutionalism: Theory and Practice (Cambridge University Press, 2013).Google Scholar
Geiringer, C., ‘Moving Beyond the Constitutionalism/Democracy Dilemma: ‘Commonwealth Model’ Scholarship and the Fixation on Legislative Compliance’, in Elliott, M., Varuhas, J.N.E. and Stark, S.W. (eds.), The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives (Hart Publishing, 2018) 30.Google Scholar
Hiebert, J.L. and Kelly, J.B., Parliamentary Bills of Rights: The Experiences of New Zealand and the United Kingdom (Cambridge University Press, 2015).Google Scholar
Hogg, P.W. and Bushell, A.A., ‘The Charter Dialogue between Courts and Legislatures (Or Perhaps the Charter of Rights Isn’t Such a Bad Thing After All)’ (1997) 35 Osgoode Hall Law Journal 75.Google Scholar
Kavanagh, A., ‘What’s so Weak About ‘Weak-Form Review’? The Case of the UK Human Rights Act 1998’ (2015) 13 International Journal of Constitutional Law 1008.Google Scholar
Kavanagh, A., ‘The Lure and Limits of Dialogue’ (2016) 66 University of Toronto Law Journal 83.Google Scholar
Roach, K., The Supreme Court on Trial: Judicial Activism or Democratic Dialogue (Irwin Law, revised ed, 2016).Google Scholar
Stephenson, S., From Dialogue to Disagreement in Comparative Rights Constitutionalism (Federation Press, 2016).Google Scholar
Tushnet, M., Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law (Princeton University Press, 2008).Google Scholar

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