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.
General
| Imprint: |
Cambridge UniversityPress
|
| Country of origin: |
United Kingdom |
| Series: |
Cambridge Studies in Constitutional Law |
| Release date: |
September 2023 |
| Authors: |
Aileen Kavanagh
|
| Pages: |
300 |
| ISBN-13: |
978-1-108-49326-0 |
| Categories: |
Books
Promotions
|
| LSN: |
1-108-49326-2 |
| Barcode: |
9781108493260 |
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