Collaborative Constitutionalism in Context

In her new book, The Collaborative Constitution (CUP, 2022), Aileen Kavanagh articulates a collaborative conception of the separation of powers, based on the idea of different branches working together in a spirit of comity and collaboration, whilst performing distinct but complementary institutional roles. Recasting the separation of powers in relational terms, this theory emphasises the need for constructive engagement and mutual respect between the branches of government as part of a collaborative constitutional scheme. In this panel, we stress-test this theory in diverse constitutional settings, probing the idea of constitutional partnership which lies at the heart of the collaborative constitutional vision, whilst drawing out some practical implications for judging, legislating, and governing in a sustainable constitutional democracy.