Costituzionalismo e tutela dei diritti nella famiglia giuridica di common law

This essay examines the features of constitutionalism in common law jurisdictions. Specifically, the notion of: the constitution, the recognition and protection of human rights, and the judicial review of legislation. The starting point is the differences between the British and US constitutional experiences: the former based on an uncodified constitution and the parliamentary sovereignty, excluding judicial review of legislation; the latter based on a written constitution and its supremacy, which is the basis of the judicial review of legislation. The experiences of Canada, Australia and New Zealand are referenced by way of illustration, demonstrating their proximityfrom these poles. These examples demonstrate a surprising continuity between the two poles and that no typical form of the constitution exist in the common law legal system. The conclusion contextualises the doctrine of political constitutionalism within common law jurisdictions.