The Collaborative Constitution

Aileen Kavanagh argues that protecting rights in a democracy is a collaborative enterprise between the Executive, legislature, and courts, connecting constitutional theory with practice.

Format: Hardback
Length: 300 pages
Publication date: 30 September 2023
Publisher: Cambridge University Press

In her groundbreaking book, "Defending Rights in a Democracy," Aileen Kavanagh presents a novel perspective on the protection of rights within a democratic framework. Kavanagh challenges the conventional theoretical accounts that view the courts and legislature as rival contenders for constitutional supremacy. Instead, she advocates for a collaborative approach among all three branches of government—the executive, legislature, and courts—in safeguarding rights.

According to Kavanagh, protecting rights is a multifaceted and dynamic endeavor that requires the active participation and cooperation of all three branches. It is not the sole responsibility of a solitary super-judge or the solemn pronouncements of an enlightened legislature. Instead, it necessitates a complex interplay of roles and responsibilities, where each branch possesses its distinct capabilities but also collaborates harmoniously with the others.

In this collaborative vision of constitutionalism, each branch plays a vital role in safeguarding rights. The executive branch is responsible for implementing laws and policies that promote and protect rights, while the legislature is tasked with enacting legislation that upholds constitutional values and principles. The courts, as the final arbiter of constitutional interpretation, ensure that government actions comply with the Constitution and protect individual rights.

Kavanagh emphasizes that the protection of rights is not a one-size-fits-all approach. It requires a tailored and nuanced approach that takes into account the specific context and circumstances of each case. Each branch must engage with each other in a spirit of comity and mutual respect, recognizing the importance of their respective roles and responsibilities.

Furthermore, Kavanagh's book connects constitutional theory with the practice of protecting rights in a democracy. She offers an innovative understanding of the separation of powers, grounded in the values and virtues of constitutional collaboration. By highlighting the importance of collaboration and cooperation among the branches, Kavanagh provides a valuable roadmap for policymakers, legal professionals, and citizens alike in ensuring that rights are protected and upheld in a democratic society.

In conclusion, "Defending Rights in a Democracy" by Aileen Kavanagh is a seminal work that offers a fresh and innovative perspective on the protection of rights within a democratic framework. By advocating for a collaborative approach among all three branches of government, Kavanagh challenges the conventional theoretical accounts that view the courts and legislature as rivals for constitutional supremacy. Instead, she promotes a nuanced and tailored approach that recognizes the distinct roles and responsibilities of each branch, while fostering a spirit of comity and mutual respect. This book is a valuable resource for policymakers, legal professionals, and citizens alike, as it provides a roadmap for ensuring that rights are protected and upheld in a democratic society.

ISBN-13: 9781108493260