Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-dzt6s Total loading time: 0 Render date: 2024-12-24T05:57:03.495Z Has data issue: false hasContentIssue false

3 - The Case for Collaboration

from Part I - Institutions and Interactions

Published online by Cambridge University Press:  12 October 2023

Aileen Kavanagh
Affiliation:
Trinity College Dublin
Get access

Summary

This chapter argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government, where each branch has a distinct but complementary role to play, whilst working together with the other branches in the constitutional scheme. At the heart of the chapter is a collaborative conception of the separation of powers, where the branches are situated within a heterarchical relationship of reciprocity, recognition, and respect. Grounded in the key values of comity, collaboration, and conflict management, this chapter sketches out the contours of the collaborative constitution. Instead of a conflictual dynamic of ’constitutional showdowns’, the chapter marks out a preference for ’constitutional slowdowns’. Whilst accepting the inevitability and, indeed, the legitimacy of constitutional counterbalancing and tension between the branches of government, the collaborative constitution attends to the collaborative norms which frame and shape the interaction between the branches in a well-functioning constitutional order.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×