In her recent book The Collaborative Constitution (Cambridge University Press, 2023), professor Aileen Kavanagh provides a novel perspective on safeguarding rights within a democracy. Differing from dominant theories that view courts and legislature as competitors for constitutional dominance, Kavanagh posits that defending rights is a cooperative effort involving all three branches of government: the executive, the legislature, and the courts. This collaborative approach to constitutionalism implies that protecting rights is neither the sole responsibility of an all-powerful judge nor solely the esteemed declarations of a wise legislature. Rather, it is a multifaceted, evolving cooperative undertaking, where each branch has a unique yet complementary role, interacting with one another in a spirit of comity and mutual respect. By linking constitutional theory with the practical aspects of defending rights in a democracy, Professor Kavanagh’s latest book presents an innovative interpretation of the separation of powers rooted in the principles and virtues of constitutional collaboration.
Guest: Aileen Kavanagh (Professor of Constitutional Governance at Trinity College Dublin's School of Law, Director of the Trinity Center for Constitutional Governance)
Date: 6 March 2025, 4:00 pm
Venue: Budapest, 1113 Tas vezér utca 3-7., Szilágyi Erzsébet Room
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MCC students can earn credit for actively participating in the event, provided they read the required chapters and paper(s) and prepare three questions for the Q&A session of the research seminar.
Questions related to the required reading must be submitted to Kálmán Pócza at pocza.kalman@mcc.hu by 11:00 PM on 4 March, 2025.
Required Reading: Please contact Kálmán Pócza to obtain the electronic version of the paper.
Submission Deadline: 4 March, 2025, 11:00 PM
Previous Research Seminars
- Martin Loughlin (London School of Economics): Against Constitutionalism
- Nigel Biggar (Univeristy of Oxford): What’s Wrong with Rights?
- Asanga Welikala (University of Edinburgh): The Common Good and Comparative Constitutional Laws
- John Wyatt (Faraday Institute Cambridge): Right To Die?
- John Larkin (former Attorney General for Northern Ireland): Judicial Power in the United Kingdom
- Michael Freeden (University of Oxford): Concealed Silences and Inaudible Voices in Political Thinking
- Lee J. Strang (Ohio State University): Originalism's Promise: A Natural Law Account of the American Constitution
- Gonzalo Candia (Catholic University of Chile): The Constitution-Making Process in Chile 2019-2024
- Sergio Verdugo (IE University of Madrid): Is it time to abandon the theory of constituent power?