New Commonwealth Model of Constitutionalism Theory and Practice
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Stephen Gardbaum is the MacArthur Foundation Professor of International Justice and Human Rights at UCLA School of Law. He is currently a Fellow at New York University's Straus Institute for the Advanced Study of Law and Justice and was the 2011–12 Guggenheim Fellow in constitutional studies. An internationally recognized constitutional scholar, his research focuses on comparative constitutional law, constitutional theory, and federalism. Having previously identified 'the new Commonwealth model of constitutionalism' as a novel general approach to bills of rights, he was the keynote speaker at the 2009 Protecting Human Rights conference in Australia, part of the major debate in that country about adopting this model through a national human rights act. Other recent work includes a series of articles on the comparative structure of constitutional rights, which have just been collected and published as a book by the European Research Center of Comparative Law. His scholarship has been cited by the US and Canadian Supreme Courts and widely translated.'Stephen Gardbaum's The New Commonwealth Model of Constitutionalism: Theory and Practice is one of the most important books about comparative judicial review and constitutional design published in recent years.' Ran Hirschl, International Journal of Constitutional Law
'[This book] is a must-read in the growing literature on comparative constitutional law and deserves a broad international audience.' Sujit Choudhry, International Journal of Constitutional Law
'[A]n impressive piece of constitutional scholarship, offering a cogent, sophisticated account of the third paradigm.' Scott Stephenson, Modern Law Review
'In this excellent comparative study of rights protection, Stephen Gardbaum argues that a 'new model of constitutionalism' has emerged from Commonwealth countries … This is a book that deserves a very wide readership. It is written and structured with beautiful clarity. … [It is] a valuable contribution to the literature and should become a key point of reference from which the theory and practice of rights protection and constitutionalism might continue to be understood.' Lawrence McNamara, International and Comparative Law Quarterly
'[A]n impressive and valuable contribution that pushes the boundaries of the debate … [and] invites scholars to do no less than reassess how they conceive the very function of a bill of rights.' Janet Hiebert, Public Law