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  3. The Collaborative Constitution
  • Cited by 14
Publisher:
Cambridge University Press
Online publication date:
October 2023
Print publication year:
2023
Online ISBN:
9781108680929
DOI:
https://doi.org/10.1017/9781108680929
Subjects:
Constitutional and Administrative Law, Political Theory, Law, Politics and International Relations, Jurisprudence
Series:
Cambridge Studies in Constitutional Law (38)
Information

Book description

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.

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