The Collaborative Constitution

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.