The Collaborative Constitution by Aileen Kavanagh. Cambridge University Press, 2024, xvi + 492pp (£120.00 hardback) ISBN: 978 1 108 49326 0
Year: 2024
Type: book-review
Abstract: The question of how rights may be best protected in a democracy is not new for constitutional scholars.There is no shortage of answers, but these have tended to emphasise the importance of 'legal' or 'political' branches of government.Yet, this binary choice is flawed.What we actually see across constitutional democracies is a diverse network of state and non-state actors that cooperate to promote and protect human rights.This is not least evident from existing work on how states respond to judgments and recommendations of international human rights courts and monitoring bodies.Whilst primary responsibility for these matters typically falls to the executive, in practice implementation requires the contribution of various state (and sometimes non-state) actors. 1 A recognition of the collective, cooperative exercise that is rights protection is long overdue.For this reason, The Collaborative Constitution by Aileen Kavanagh, 2 Professor of Constitutional Governance at Trinity College Dublin, is a welcome contribution.The book's central claim is that the protection of rights is, and should be, a shared responsibility of all three branches of government.To this end, The Collaborative Constitution takes the reader through an 'iterative engagement between abstract theory and constitutional practice', 3 drawing on a mass of scholarship, case law and documentary evidence.There are, as will be discussed, some notable omissions.But, in spite of these, The Collaborative Constitution is a compelling, meaningful and significant text, and Kavanagh successfully defends her central thesis.A word should first be spared on The Collaborative Constitution's pleasing prose and style.Despite the innate complexity of the issues tackled in this work, it is an immensely engaging and accessible text.Metaphor and symbolism are used creatively to illuminate discussions.For instance, the choice between legal and political constitutionalism is described as a 'Manichean narrative', 4 and the principle of legality as a 'go slow' sign for the legislature to 'drive carefully'.5 Kavanagh frequently stops to consolidate, and guides the reader carefully through each chapter.Scholars and students of law or political science, whatever their stage, will therefore face little difficulty appreciating and engaging with The Collaborative Constitution.Turning to the book's substance, it is apparent that The Collaborative Constitution has much to offer.Perhaps the most significant contribution of the work is the theoretical framework.Kavanagh
Source: Legal Studies
DOI: 10.1017/lst.2024.37
Author: Michael Lane
Institution: University of Worcester
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4404977773