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.
| ISBN: | 9781108717533 |
| Publication date: | 12th June 2025 |
| Author: | Aileen Kavanagh |
| Publisher: | Cambridge University Press |
| Format: | Paperback |
| Pagination: | 508 pages |
| Series: | Cambridge Studies in Constitutional Law |
| Genres: |
Constitutional and administrative law: general Social and political philosophy Public international law: human rights Political science and theory Methods, theory and philosophy of law Comparative 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.
The Collaborative Constitution features in the following genres: Constitutional and administrative law: general, Social and political philosophy, Public international law: human rights, Political science and theory, Methods, theory and philosophy of law, Comparative law
The Collaborative Constitution is available in Paperback, Hardback
The Collaborative Constitution was written by Aileen Kavanagh and published by Cambridge University Press
The Collaborative Constitution has 508 pages
Yes it is part of Cambridge Studies in Constitutional Law series
£31.49