“The Commonwealth constitutional model or models?” (2013) 11 International Journal of Constitutional Law 1094-99.
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?