The Commonwealth Constitutional Model or Models?

International Journal of Constitutional Law 1094-99, 2013

6 Pages Posted: 14 Sep 2017

See all articles by Sujit Choudhry

Sujit Choudhry

Center for Global Constitutionalism, WZB Berlin Social Science Center

Date Written: 2013

Abstract

Stephen Gardbaum’s The New Commonwealth Model of Constitutionalism is a must-read in the growing literature on comparative constitutional law and deserves a broad international audience. My question is whether there is a single Commonwealth constitutional model, or, in reality, a set of Commonwealth constitutional models which share common features, but also differ in important respects that should matter to Gardbaum and others who want to understand the manner in which bills of rights are enforced in the Commonwealth jurisdictions under study, for both analytical and normative purposes. I see an important shift between Gardbaum’s original presentation of the abstract features of his model and the fully formed model presented in this book. This contrast raises a number of interesting analytical and normative questions that warrant careful examination. First, what forms do pre-enactment and post-judicial political rights review take? Second, how do different institutions interact with each other at the different stages of rights review?

Suggested Citation

Choudhry, Sujit, The Commonwealth Constitutional Model or Models? (2013). International Journal of Constitutional Law 1094-99, 2013. Available at SSRN: https://ssrn.com/abstract=3025971

Sujit Choudhry (Contact Author)

Center for Global Constitutionalism, WZB Berlin Social Science Center ( email )

Reichpietschufer 50
D-10785 Berlin, 10785
Germany

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