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Items
Details
Author
Title
The collaborative constitution / Aileen Kavanagh.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024.
Description
1 online resource (xvi, 490 pages) : digital, PDF file(s).
Series
Cambridge studies in constitutional law.
Formatted Contents Note
Constitutionalism beyond manicheanism
The promise and perils of dialogue
The case for collaboration
Governing with rights
Legislating for rights
Legislated rights : from domination to collaboration
Judge as partner
The HRA as partnership in progress
Calibrated constitutional review
Courting collaborative constitutionalism
Underuse of the override
Declarations, obligations, collaboration
Conclusion : the currency of collaboration.
The promise and perils of dialogue
The case for collaboration
Governing with rights
Legislating for rights
Legislated rights : from domination to collaboration
Judge as partner
The HRA as partnership in progress
Calibrated constitutional review
Courting collaborative constitutionalism
Underuse of the override
Declarations, obligations, collaboration
Conclusion : the currency of collaboration.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 13 Oct 2023).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781108680929 (ebook)
9781108493260 (hardback)
9781108717533 (paperback)
9781108493260 (hardback)
9781108717533 (paperback)
Record Appears in