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Keywords: commonwealth model
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Journal Article
Political Constitutionalism and Legal Constitutionalism—an Imaginary Opposition?
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Alexander Latham-Gambi
Oxford Journal of Legal Studies, Volume 40, Issue 4, Winter 2020, Pages 737–763, https://doi.org/10.1093/ojls/gqaa046
Published: 25 October 2020
..., and also by the failure of the ‘new Commonwealth model of constitutionalism’ to yield a genuinely distinctive alternative to political and legal constitutionalism. political constitutionalism legal constitutionalism social imaginary US Supreme Court French Constitutional Council new Commonwealth model...
Journal Article
A Hard Look at the Last Word
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Aileen Kavanagh
Oxford Journal of Legal Studies, Volume 35, Issue 4, Winter 2015, Pages 825–847, https://doi.org/10.1093/ojls/gqv028
Published: 05 November 2015
.... E-mail: [email protected] . © The Author 2015. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: [email protected] 2015 Abstract In The New Commonwealth Model of Constitutionalism Stephen Gardbaum defends a model...
Chapter
Published: 19 January 2017
... S Habermas J Prisoner voting Friedman B Constitutional counter balancing Sunstein C Constitutional collaboration Barber N Joseph P separation of powers Hiebert J Commonwealth model Raz J Roach K Perry S Allan TRS Griffith JAG Nicol D constitutional law constitutional theory legal...
Chapter
The Abusive Borrowing of Political Constitutionalism and Weak-Form Judicial Review
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Rosalind Dixon and David Landau
Published: 24 June 2021
...’, dialogic, or New Commonwealth model of judicial review instantiated in Canada, which allows for a legislative override, in a context where the chief goal was immunizing the Prime Minister from ongoing criminal prosecution. Canada constitutionalism Hungary Israel judicial review legal constitutionalism...
Book
Democratic Dialogue and the Constitution
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Alison L Young
Published online: 23 March 2017
Published in print: 19 January 2017
... Constitutional Pluralism in Action in N Walker (ed), Sovereignty in Transition (Oxford, Hart 2003) 532. 5 See S Gardbaum, The New Commonwealth Model of Constitutionalism: Theory and Practice (Cambridge University Press 2013) 32 35. Democratic Dialogue and the Constitution. First Edition. Alison L Young. ©...
Chapter
Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’
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Simon Evans and Julia Watson
Published: 04 April 2013
...This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure...
Chapter
Introduction
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Alison L Young
Published: 19 January 2017
... not adopt a commonwealth model of rights protections. In addition, those which do adopt a commonwealth model facilitate different types of dialogue. Having set out the problem through the lens of prisoner voting, the introduction then provides an outline of the argument presented in the book. Canadian...
Chapter
The Problem with Control
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Alison L Young
Published: 19 January 2017
... The Federalist Papers Common law constitutionalism Legal Constitutionalism Bellamy R Political constitutionalism Commonwealth model Constitutional collaboration Gardbaum S Canadian Charter of Fundamental Rights and Freedoms Tushnet M Charter of Human Rights and Responsibilities 2006 Victoria Australia...
Chapter
Inter-institutional Interactions
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Alison L Young
Published: 19 January 2017
...The chapter investigates inter-institutional interactions. It explains how these interactions can occur in legal systems with a strong constitutional protection of rights and those with a predominantly political protection of rights, in addition to interactions occurring in commonwealth models...
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