Novi commonwealthski model konstitucionalizma (Kanada, Australija i Indija)
The New Commonwealth Model of Constitutionalism (Canada, Australia, India)

Summary/Abstract: The emancipation of the Commonwealth countries had a particular impact on the traditional British principle of inviolable sovereignty of the Parliament. Ever since 1931, when the Imperial Parliament, through the Westminster Act, renounced the unilateral exercise of legislative power in the Dominions, the theory of parliamentary sovereignty as unlimited legislative power has been subject to alterations under the pressure of political reality. The process was most pronounced in the 1982-1998 period, when the United Kingdom and several member-countries of the Commonwealth, as “the last democratic strongholds of traditional legislative supremacy”, adopted various documents in which human rights are guaranteed. The author elucidates the characteristics of the new, Commonwealth model of constitutionalism, wherein the constitutionalisation of fundamental rights has made possible not only specific forms of judicial supervision, but also an increase of judicial activism.

• Details
• Contents