The Collaborative Constitution

Aileen Kavanagh (Trinity College Dublin)

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Hardback

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English

Cambridge University Press
26 October 2023

Political science & theory; Jurisprudence & philosophy of law; Comparative law; International human rights law; Constitutional & administrative law

Series: Cambridge Studies in Constitutional Law

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.

By: Aileen Kavanagh (Trinity College Dublin)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781108493260
ISBN 10: 1108493262
Series: Cambridge Studies in Constitutional Law
Pages: 300
Publication Date: 26 October 2023
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

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).