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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 relevant in private
disputes? Does every political question need a constitutional or
judicial answer? Should courts and legislatures equally participate
in addressing the scope of which issues are to be considered
constitutional? Judicializing Everything? illustrates how debates
surrounding these persistent judicial questions are best understood
as part of an ongoing clash between distinct forms of
constitutionalism on and off the bench. Mark S. Harding canvasses
the perennial debates within the field of constitutional studies
and provides novel ways of understanding key disagreements between
judges and scholars alike. Despite important formal differences
between rights documents in Canada, New Zealand, and the United
Kingdom, Judicializing Everything? shows that there are also
considerable similarities in the kinds of cases, arguments, and
legal outcomes in the three countries. As political life becomes
increasingly constitutionalized and judicialized, this important
book sheds light on the persistence of debates over bills of rights
and their interpretation.
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