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The Collaborative Constitution

The Collaborative Constitution

The Collaborative Constitution

Author: Aileen Kavanagh
Publisher: Cambridge University Press
ISBN: 9781108717533

Published In: June 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108493260

List Price: HKD 454.00

HKD 440.38 Save HKD 13.62 (3%)

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Description
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In this book, Aileen Kavanagh offers a fresh account of how we should protect rights in a democracy. Departing from leading theoretical accounts which present the courts and legislature as rivals for constitutional supremacy, Kavanagh argues that protecting rights is a collaborative enterprise between all three branches of government - the Executive, the legislature, and the courts. On a collaborative vision of constitutionalism, protecting rights is neither the solitary task of a Herculean super-judge, nor the dignified pronouncements of an enlightened legislature. Instead, it is a complex, dynamic, and collaborative endeavour, where each branch has a distinct but complementary role to play, whilst engaging with each other in a spirit of comity and mutual respect.

Connecting constitutional theory with the practice of protecting rights in a democracy, this book offers an innovative understanding of the separation of powers, grounded in the values and virtues of constitutional collaboration.

Introduction: the Call for Collaboration

Part I. Institutions and Interactions:

1. Constitutionalism beyond manicheanism

2. The promise and perils of dialogue

3. The case for collaboration

Part II. Rights in Politics:

4. Governing with rights

5. Legislating for rights

6. Legislated rights: from domination to collaboration

Part III. Judge as Partner:

7. Judge as partner

8. The HRA as partnership in progress

9. Calibrated constitutional review

10. Courting collaborative constitutionalism

Part IV. Legislatures in Response:

11. Underuse of the override

12. Declarations, obligations, collaborations

Conclusion: the currency of collaboration

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