The Collaborative Constitution

ISBN-13: 9781108493260 / Twarda / 2023 / 300 str.

Aileen (Trinity College Dublin) Kavanagh

Opis

Argues that protecting rights in a democracy is a collaborative constitutional enterprise between all three branches of government.

Spis treści

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. Legislatures in Response: 11. Underuse of the override; 12. Declarations, obligations, collaborations; Conclusion: the currency of collaboration.