The Collaborative Constitution

Administrative / Constitutional Law

The Collaborative Constitution

By Aileen Kavanagh
Cambridge University Press October 2023

Specifications

ISBN-13
9781108493260
Publisher
Cambridge University Press
Publication
October 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

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
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