Book Talk: The Collaborative Constitution by Aileen Kavanagh

Oct 2024
23

Please join the Center for Constitutional Governance for a lunchtime discussion on The Collaborative Constitution with author Aileen Kavanagh (Professor of Constitutional Governance, Trinity College Dublin) and moderator David Pozen (Charles Keller Beekman Professor of Law, Columbia Law School). 

In The Collaborative Constitution, 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.

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Katelin Walsch

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