Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
Aileen Kavanagh is Professor of Constitutional Governance, Trinity College Dublin, and Director of TriCON ¿ the Trinity Centre for Constitutional Governance. Formerly a Professor of Law at the University of Oxford, Aileen Kavanagh has written widely on UK and comparative public law, and on constitutional theory. Her previous books include Arguing About Law (co-edited, 2008) and Constitutional Review under the UK Human Rights Act 1998 (2009).
Inhaltsangabe
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. Legislatures in Response: 11. Underuse of the override 12. Declarations, obligations, collaborations Conclusion: the currency of collaboration.
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. Legislatures in Response: 11. Underuse of the override 12. Declarations, obligations, collaborations Conclusion: the currency of collaboration.
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