This book grows out of, but substantially develops, my previous thinking
and writing on ‘the new Commonwealth model of constitutionalism’.
Its immediate origins were three invitations I received during the course
of 2009. In February, Hilary Charlesworth of the Australian National
University invited me to deliver a presentation on how the new
Commonwealth model was working in Canada, New Zealand and the
United Kingdom at the Protecting Human Rights Conference to be held
that October in Sydney in the midst of the national debate on whether
Australia should enact a federal human rights act. As it turned out, the
conference took place the day before the National Consultation
Committee, established by the Labor Government of Kevin Rudd and
chaired by the attending Father Frank Brennan, was expected to release
its eagerly awaited recommendation and report. In response to the
second invitation, issued by Lorraine Weinrib, I presented the resulting
paper at the University of Toronto Law Faculty’s Constitutional Round
Table in December, where David Dyzenhaus encouraged me to think
about writing a book on the topic and submitting a proposal for his new
Cambridge Studies in Constitutional Law series, co-edited with Adam
Tomkins. I am very grateful to all three.