UID:
almafu_9961263657702883
Format:
1 online resource (xvi, 490 pages) :
,
digital, PDF file(s).
ISBN:
9781108680929
,
9781108680929
Series Statement:
Cambridge studies in constitutional law
Content:
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).
,
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.
Additional Edition:
ISBN 9781108493260
Language:
English
URL:
https://doi.org/10.1017/9781108680929
