The Collaborative Constitution (Paperback) (ISBN-13: 9781108717533)

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.

Author: Aileen Kavanagh
ISBN-10: 1108717535
ISBN-13: 9781108717533
Publisher: Cambridge University Press
Language: English
Published: 06/12/2025
Pages: 508
Format: Paperback
Weight: 1.49lbs
Size: 9.00h x 6.00w x 1.03d