Pregledni rad
THE NEW COMMONWEALTH MODEL OF CONSTITUTIONALISM (CANADA, AUSTRALIA AND INDIA)
Petar Bačić
orcid.org/0000-0001-6991-8272
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Sažetak
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.
Ključne riječi
sovereignty of Parliament; federalism; judicial activism
Hrčak ID:
55122
URI
Datum izdavanja:
12.4.2010.
Posjeta: 1.783 *