Recent Commonwealth rights charters, various scholars have argued, represent a new “weaker” model of constitutional rights protection than the U.S. constitutional model: unlike the U.S. Bill of Rights, they give legislatures broad formal power to override rights, and therefore also court...

Constitutions worldwide protect an increasingly long list of rights. Constitutional scholars point to a variety of top-down and bottom-up explanations for this pattern of rights expansion. This Article, however, identifies an additional, underexplored dynamic underpinning this pattern in certain...

Constitution-makers often leave key issues undecided, or choose to defer certain issues for future resolution. This chapter examines this practice of constitutional ‘deferral', and its different variants in constitution-making processes worldwide – including in the form of abstract (rather...

The latter part of the twentieth century saw the near-universal recognition of the idea of children’s rights as human rights. At the same time, the conceptual basis for such rights remains largely under-theorized. Part of the aim of this article is to draw on the insights of the...