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 €
