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Prof. Aileen Kavanagh, Professor of Constitutional Governance at Trinity College Dublin's School of Law, recently presented her latest book, The Collaborative Constitution (Cambridge University Press, 2023), at our research seminar series. In her lecture, she outlined the core arguments of her work, offering an in-depth analysis of how collaborative constitutionalism departs from traditional views on the separation of powers and the protection of rights within democracy.
Professor Kavanagh challenged conventional theories that depict courts and legislatures as competing forces for constitutional dominance. Instead, she advocated for a cooperative framework in which all three branches of government – executive, legislative, and judicial – share the responsibility of defending rights. She argued that these branches can and should engage in constructive partnership instead of rivalry, and provided a compelling case for rethinking how institutions interact in well-functioning democratic systems.
During the seminar, Professor Kavanagh emphasized that constitutionalism should not be understood as a mere power struggle between institutions but as a collaborative enterprise in which each branch plays a distinct yet complementary role. While checks and balances remain crucial, she underscored the importance of constitutional actors exercising self-restraint.
Following her presentation, a dynamic discussion unfolded, delving into the practical implications of collaborative constitutionalism. Participants examined high-profile cases of potential judicial-legislative conflicts in the UK, such as the Rwanda scheme and prisoners' voting rights. The conversation also explored the role of individuals within the collaborative framework, and the conditions under which constitutional actors might practice self-restraint in favor of collaboration rather than confrontation.
