The Collaborative Constitution
The Collaborative Constitution

Administrative / Constitutional Law

The Collaborative Constitution

By Aileen Kavanagh
Cambridge University Press June 2025

Specifications

ISBN-13
9781108717533
Publisher
Cambridge University Press
Publication
June 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
HKD 440.38 −3%
HKD 454.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
Global Constitutionalism from European and East Asian Perspectives
Cambridge University Press

Global Constitutionalism from European and East Asian Perspectives

Takao Suami; Anne Peters; Mattias Kumm; Dmitri Vanoverbeke; Anne Peters
HKD 1,853.67
Modernism and the Law
Bloomsbury Academic

Modernism and the Law

Robert Spoo
HKD 1,263.50
Freedom Under the Private Law
Edward Elgar Publishing

Freedom Under the Private Law

Allan Beever
HKD 1,437.54
The Oxford Handbook of Freedom
Oxford University Press

The Oxford Handbook of Freedom

David Schmidtz; Carmen Pavel
HKD 516.88
Constructing Authorities: Reason, Politics and Interpretation in Kant's Philosophy
Cambridge University Press

Constructing Authorities: Reason, Politics and Interpretation in Kant's Philosophy

Onora O'Neill
HKD 365.69
Authoritarian Rule of Law
Cambridge University Press

Authoritarian Rule of Law

Jothie Rajah
HKD 340.34