The Collaborative Constitution
£120.00
Part of Cambridge Studies in Constitutional Law
- Author: Aileen Kavanagh, Trinity College Dublin
- Date Published: October 2023
- availability: Available
- format: Hardback
- isbn: 9781108493260
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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.
Read more- Uses concrete examples from the UK, Canada and other jurisdictions to demonstrate how protecting rights is a collaborative enterprise between all three branches of government
- Offers in-depth analysis of leading theoretical debates and connects these with constitutional practice
- Engages with comparative constitutional law scholarship, showing how the UK system both instantiates and contradicts dominant comparative law perspectives
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×Product details
- Date Published: October 2023
- format: Hardback
- isbn: 9781108493260
- length: 300 pages
- dimensions: 229 x 152 x 29 mm
- weight: 0.929kg
- availability: Available
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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