Kavanagh on Living Collaborative Constitutionalism
Aileen Kavanagh (Trinity College (Dublin)) has posted The Living Constitution in Collaborative Context on SSRN. Here is the abstract: In this paper, I argue that living constitutionalism (i.e. a dynamic form of constitutional interpretation where…
Aileen Kavanagh (Trinity College (Dublin)) has posted The Living Constitution in Collaborative Context on SSRN. Here is the abstract: In this paper, I argue that living constitutionalism (i.e. a dynamic form of constitutional interpretation where courts develop, update, and change constitutional meaning over time) is both constitutionally legitimate and normatively desirable. In doing so, however, I emphasise that the legitimacy of living constitutionalism depends crucially on the limits of dynamic judicial interpretation.
