Judicializing Everything?, 9781487528485
Hardcover
Rights, courts, and power: How bills of rights reshape nations.

Judicializing Everything?

the clash of constitutionalisms in canada, new zealand, and the united kingdom

$77.39

  • Hardcover

    192 pages

  • Release Date

    31 May 2022

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Summary

Judicializing Everything?: Rights, Courts, and Constitutions in Parliamentary States

Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.

Nearly every common law jurisdiction in the world has adopted a charter or bill of rights. Yet adopting a new rights document creates, rather than resolves, many fundamental constitutional questions. Should constitutional rights be releva…

Book Details

ISBN-13:9781487528485
ISBN-10:1487528485
Author:Mark S. Harding
Publisher:University of Toronto Press
Imprint:University of Toronto Press
Format:Hardcover
Number of Pages:192
Release Date:31 May 2022
Weight:400g
Dimensions:231mm x 157mm x 23mm
What They're Saying

Critics Review

“How best to protect rights: judicial supremacy or legislative primacy? Mark S. Harding’s sophisticated contrast of intra-Commonwealth constitutionalisms suggests the answer may be a dynamic balance of judicial and legislative power mediated by the peculiarities of the local constitutional culture. Brilliant, innovative, and timely. A profoundly important book written in the best traditions of constitutional studies, combining rich contextual comparisons, careful case selection, rigorous theoretical inquiry, and deft political analysis. Outstanding!”

–Richard Albert, William Stamps Farish Professor in Law, The University of Texas at Austin

“Mark S. Harding brings together a number of literatures to examine clashing constitutionalisms. In doing so, he provides an important contribution to a number of scholarly debates, including the different models of judicial review, the public/private distinction and constitutional reach, dialogue theory and coordinate constitutionalism, and interpretation under bills of rights. Judicializing Everything? will be of great interest to scholars of comparative constitutionalism.”

–Emmett Macfarlane, Associate Professor of Political Science, University of Waterloo

” Judicializing Everything? unfolds political and legal constitutionalism, liberal and post-liberal constitutionalism, macro- and micro-constitutional change, the strength of judicial review, the reach of judicial review, and the law and politics of interpretation of statute law and common law. Mark S. Harding offers a nuanced account of constitutionalism and judicial review in contemporary liberal democracies.”

–Thomas M.J. Bateman, Professor of Political Science, St. Thomas University

About The Author

Mark S. Harding

Mark S. Harding is an assistant professor in the Department of Political Science at the University of Guelph.

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