The collaborative constitution / Aileen Kavanagh.

Format:

Book

Author/Creator:

Kavanagh, Aileen, author.

Series:

Cambridge studies in constitutional law.

Cambridge studies in constitutional law

Language:

English

Subjects (All):

Constitutional law.

Legislative bodies.

Civil rights.

Democracy.

Physical Description:

1 online resource (xvi, 490 pages) : digital, PDF file(s).

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024.

Summary:

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.

Contents:

Constitutionalism beyond manicheanism

The promise and perils of dialogue

The case for collaboration

Governing with rights

Legislating for rights

Legislated rights : from domination to collaboration

Judge as partner

The HRA as partnership in progress

Calibrated constitutional review

Courting collaborative constitutionalism

Underuse of the override

Declarations, obligations, collaboration

Conclusion : the currency of collaboration.

Notes:

Title from publisher's bibliographic system (viewed on 13 Oct 2023).

Includes bibliographical references and index.

ISBN:

9781108680929