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Parution : 10/2023
Editeur : Cambridge University Press
ISBN : 978-1-1084-9326-0
Site de l'éditeur

The Collaborative Constitution

Aileen Kavanagh

Présentation de l’éditeur

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.

 

Sommaire

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 - Responsive Legislatures

11 - Underuse of the Override
12 - Declarations, Obligations, Collaborations

Conclusion

Cambridge Studies in Constitutional Law , Vol. 38 , 300 pages.  140,05 €