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Look Inside The Collaborative Constitution

The Collaborative Constitution

$155.00 (F)

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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About the Authors

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.
- 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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Author
Aileen Kavanagh, Trinity College Dublin
Aileen Kavanagh is Professor of Constitutional Governance, Trinity College Dublin, and Director of TriCON – the Trinity Centre for Constitutional Governance. Formerly a Professor of Law at the University of Oxford, Aileen Kavanagh has written widely on UK and comparative public law, and on constitutional theory. Her previous books include Arguing About Law (co-edited, 2008) and Constitutional Review under the UK Human Rights Act 1998 (2009).