Comparative Constitutional Law

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PAPER RESEARCH QUESTION (8.000 words, three chapters plus introduction
and conclusion): Critically evaluate the advantages and disadvantages of
weak form constitutional review and strong form constitutional review.

CHAPTER IN QUESTION: CHAPTER 2: Literature review, comparison and results.

Analysis and comparison of:

S. Gardbaum, ‘Reassessing the New Commonwealth Model of
Constitutionalism’ (2010) 8 International Journal of Constitutional Law 167

S. Gardbaum, ‘Are Strong Constitutional Courts Always a Good Thing for
New Democracies’ (2015) Columbia Journal of Transnational Law 285

Comparative Constitutional Law

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– What does Gardbaum tells us is new about what he refers to as ‘the new
Commonwealth model of constitutionalism’ and in particular as compared
to a) the traditional conception of parliamentary sovereignty, and b)
the judicial supremacy model?

– What is the basic case that Gardbaum outlines for the new Commonwealth
model?

– What are the key design features of the following:

a) the Canadian model b) the New Zealand model c) the UK model

– How have the preceding three systems actually operated in practice and
what debates have been generated as a result? Which of these three
models would you prefer and what, if any, changes would you make to
improve your preferred model from these three?

Comparative Constitutional Law

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M. Tushnet, ‘The rise of weak-form judicial review’, in T. Ginsburg & R.
Dixon (eds), Comparative Constitutional Law 321 (Edward Elgar, 2011)

M. Tushnet & R. Dixon ‘Weak-form review and its constitutional
relatives: An Asian Perspective’ in R. Dixon & T. Ginsburg (eds),
Comparative Constitutional Law in Asia 102 (Edward Elgar, 2014)

J. Waldron, ‘The Core of the Case Against Judicial Review’, (2006) 115
Yale Law Journal 1346

Oliver, Dawn (2003), Constitutional Reform in the United Kingdom,
Oxford: Oxford University Press.

Tushnet, Mark (2007), Weak Courts, Strong Rights: Judicial Review and
Social Welfare Rights in Comparative Constitutional Law, Princeton:
Princeton University Press

Chapter two will discuss different theories and elements provided by in
scholars’ opinions and will address the aforementioned questions.
Finally, it will also address relevant case law.