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Mark Tushnet, Weak-Form Review: An Introduction, 17 Int'l J. Const. L. 807 (2019).

Abstract: About two decades ago Stephen Gardbaum and I noticed something seemingly new in constitutional design: the emergence of a “New Commonwealth Model” of constitutional review or “weak-form” judicial review.1 Our starting point was constitutional review under the Canadian Charter of Rights and, in particular, its theorization by Peter Hogg and Alison Bushell Thornton as creating opportunities for dialogue between legislatures and constitutional courts.