The Collaborative Constitution has landed! After years of hard work, deep thinking and slow scholarship, it’s amazing to see it out there in the world at last. Thanks to everyone who helped, supported, commented and critiqued. But for now, take a look at this fine thing!
If taxi drivers are barometers of public opinion - and I think they are - then here are a few take-homes from an interesting conversation I had yesterday with a Dublin taxi-driver about the upcoming referendums on family and care.🧵
10. This taxi-driver was interested, articulate, engaged & commonsensical. He had experienced good referendums before. If we’re not crafting referendum proposals in a way which can engage him in a meaningful way, then there’s something wrong.
@Aidan_Regan
There are lots of Constitutions across the world which reference God in their Preamble, Aidan! I’ll send you a list of- and it’s a long one!
If an inaugural lecture is like a marriage between an academic and a university, then I’m preparing to say ‘I do’ to Trinity College Dublin tonight at 6pm. Love is in the air
@tcddublin
4. Take-homes for the Govt for future referendums. Avoid bundling multiple, interrelated issues into one referendum vote, where it is unclear what the key terms of the proposed amendment mean.
8. My taxi driver voted yes in the marriage equality and abortion referendums. He sees this referendum as completely different - because it is so confusing. If he can’t grasp the issues, he won’t vote on March 8th - not out of apathy, but out of a desire to vote responsibly.
My new book - The Collaborative Constitution - is due to be published by
@CUP_Law
in September. Great to test drive some of the ideas in the book
@ICON__S
@WellingtonUni
. Now looking forward to having it in my hands.
Thanks to
@RichardAlbert
and Richard Stacey for editing this fine volume on constitutional change via referendums. It includes an essay by
@dkennytcd
and I on the remarkable constitutional referendums in Ireland in recent years.
5. In particular, avoid bundling two separate issues into one single vote (in this case the deletion of the ‘women in the home’ AND a vote on a controversial replacement). IF this ref doesn’t pass and IF it is re-run, have separate votes on deletion and possible replacement.
1. The taxi driver found the combination of multiple, interrelated referendum proposals on family/care/women deeply confusing - especially the fact that the deletion of the ‘women in the home’ provision was bound up with something to do with care and disability.
2. He hadn’t received the information leaflet through the door from the
@ElecCommIRL
. He read it at a friend’s house and was none the wiser. Some strong language was used about the helpfulness of that leaflet.
Evocative lecture by
@JeremyJWaldron
this evening
@UnivOxford
on ‘The Crisis of Judicial Review’, 45 years after he came to
@UnivOxford
as a doctoral student where he met HLA Hart. A warm tribute to his old mentor for the Hart Lecture 2023.
Look what I saw when walking through the Arts block
@tcddublin
today: my face on a big - ok a medium-sized - screen. Initially exciting … and then slightly terrifying!
‘The Collaborative Constitution is one of those rare field-defining works that will stimulate discussion and further scholarship for years to come’ says
@Mark_Tushnet
! Huge thanks to
@rosalinddixon15
@Mark_Tushnet
& Stephen Gardbaum for their fulsome endorsement. Book out in Nov!
6. Parsing the issues would not only enable voters to make meaningful choices, it would enhance the quality of debate. Currently, some voters are caught in a constitutional catch-22 - they desperately want to get rid of Art 41.2 but oppose the care proposal.
Honoured to be part of a trio of reflections on the rule of law and the separation of powers in the October issue of
@PL_PublicLaw
, together with Lord Sales (UKSC) and Sir Jack Beatson. I argue in favour of a relational conception of the separation of powers.
9. Thoughts and prayers to the holiday-makers from Florida, who witnessed this feisty discussion about constitutional referendums from the back seat of the cab … in the middle of a snow blizzard in Spring. They got a salty taste of the robust referendum culture in Ireland!
7. Avoid crafting referendum proposals which hinge too much on legal expertise. Some reading out of the legal and constitutional implications is unavoidable, but if the pivotal terms are only amenable to legal experts, something is wrong.
I’m writing a piece on methodology in constitutional theory and comparative constitutional law. What’s the one piece which helped you develop or articulate your own methodology in your scholarship? Recommendations gratefully received.
3. He had heard something about ‘durable relationships’ and wanted straight answers from me about what this means in concrete cases. My answer - that it was vague: open to judicial interpretation; marginal impact (see below) - was met with a strong dose of Dublin derision.
Huge thanks to everyone who came to my Inaugural lecture
@tcddublin
@TCD_AHSS
on Tuesday night. It was great to see so many colleagues and friends in the audience. Special thanks to all from
@TCDLawSchool
and
@TriCONDublin
who have provided me with such a vibrant academic home.
Great to see the brilliant Mark Tushnet in Washington DC tonight. I vividly remember reading some of his articles during my undergraduate degree, esp this critical article on Ely: ‘Darkness on the Edge of Town’. True then and true now.
Blown away by this fulsome and generous praise for my book (on Facebook) from the normally parsimonious
@Mark_Tushnet
. Having admired Mark’s work so deeply for decades, this is a true honour. Thank you
@Mark_Tushnet
- &
@y_tew
for flagging. It’s made my day … if not my year.
Love this tradition. Every Christmas, the Irish parliament officially announces that Santa Claus has been given permission to enter Irish airspace from December 24th through 25th.
Really interesting piece by
@SwatiJhaveri
in the recent issue of
@PL_PublicLaw
pointing ‘Towards a Theory of Executive Constitutionalism’. It’s a reminder to all constitutional lawyers that we need to give the Executive more focused attention.
A short 🧵 responding to the
@IrishTimesOpEd
by
@fotoole
arguing that the Irish Constitution is ‘deep-fried in divinity’, subjects ‘popular sovereignty to Christian doctrine’ and defines the nation as a ‘community of believers in the divinity of Christ’.
If you read the Irish Constitution, you’ll find that, by its standards, the Burkes are a lot less weird than they seem, writes Fintan O’Toole (via
@IrishTimesOpEd
)
What an honour to meet May McGee yesterday
@TriCONDublin
@tcddublin
- the brave litigant who persuaded the Irish Supreme Court in 1973 that she had a right to marital privacy which effectively legalised contraception in Ireland. Then, as now, with her husband Séamus at her side.
Huge thanks to the Editors of
@icon_journal
for inviting me to do this Editorial Reflection for
@icon_journal
on ‘The ubiquity of unwritten constitutionalism’ based on my plenary talk
@ICON__S
2023 in
@VicUniWgtn
. An honour on both counts.
Great to be at
@OxfordLawFac
for Timothy Endicott’s Inaugural Lecture as Vinerian Professor of English Law - a Chair first held by Blackstone in 1758.
A special evening and a brilliant lecture. Great to see old friends and former colleagues
@OxfordLawFac
.
Heading off to Cambridge today for my seminar with TRS Allan &
@DrKirstyHughes
tomorrow
@cambridgelaw
.
Luckily, I’ve got some light reading for the journey …
Looking forward to discussing my book - The Collaborative Constitution - next Tuesday April 30th 1pm at the Centre for Public Law
@cambridgelaw
, with Prof TRS Allan as commentator &
@DrKirstyHughes
chairing. Thanks to the CPL for the invitation and opportunity!
Fascinating panel this morning
@ICON__S
on ‘The Promise and Perils of Judicial Power’ with
@Adrienne_Stone1
@jeff_a_king
Stephen Gardbaum & Madhav Khosla, with
@jeff_a_king
taking a critical look at the Judicial Power Project & Policy Exchange in the UK context.
So sorry to miss the commemorative event honouring Joseph Raz
@BalliolOxford
today due to Covid. But taking some time to reflect on his enormous contribution to moral, political and legal philosophy - and my phenomenal good fortune in having had him as my doctoral supervisor.
One thing that strikes me about the
#CareRef
is that all sides of the debate care about care. As a society and as a state, there is widespread recognition that we need to do more to support those who give and receive care. The big question is how to achieve that in this ref. 🧵
Looking forward to giving my Inaugural Lecture
@tcddublin
on February 14th (Valentine’s Day) 2023. Title: ‘The Democratic Constitution: An American Dream through Irish Eyes’. Topic: democratic participation in Irish constitutional change as a form of popular constitutionalism.
Save the Date:
@TriCONDublin
Director
@AileenFKavanagh
will give her Inaugural Lecture
@tcddublin
on February 14th 2023 entitled ‘The Democratic Constitution: An American Dream through Irish Eyes’. All welcome. Details to follow.
Looking forward to discussing my new book The Collaborative Constitution with
@y_tew
@GeorgetownLaw
& Silvia Suteu
@UCLLaws
on August 31st
@ctls_london
as part of the fantastic Transnational Law Colloquium schedule. Open to all!
I’m honoured to deliver the annual Borrin Lecture on June 27th as part of the Borrin Visiting Fellowship
@WellingtonUni
. ‘Deconstructing Declarations’, I will compare declarations of incompatibility in the UK & NZ
So looking forward to this: a constitutional conversation with
@Rgargarella
teasing out the conceptions of democracy underlying our books. Constitutionalism as Conversation or Collaboration? Join us on Nov 16th
@TriCONDublin
to share your view in a ‘conversation between equals’.
A true honour to kick off
@ICON__S
2023 with a plenary reflection on the interplay between written and unwritten constitutionalism. Delighted to share the podium with the brilliant Janet McLean. Let the fascinating constitutional conversations begin!
Dominic Raab comes before the Joint Committee in Human Rights tomorrow to defend his proposals to repeal the HRA, where he will be subjected to forensic questioning by the ‘formidable’ JCHR Chair
@joannaccherry
, says
@JoshuaRozenberg
in an incisive piece.
@Prof_Phillipson
I’m still digesting the referendum process. But I have two initial hopes. First, I hope that this result will put care and disability issues higher up the policy agenda to deliver concrete legal change for care & PwD. That doesn’t require a constitutional amendment.
Star present this year created by my 13 year-old: a Collaborative Constitution Christmas decoration! A treasure for years to come, though possibly only by me …
A special
@ICON__S
women’s reception at the New Zealand Supreme Court this evening with speeches from NZ Chief Justice Helen Winkelmann
@CartabiaMarta
. The circular courtroom takes its inspiration from the seed cone of a Kauri tree.
Delighted to see my new book The Collaborative Constitution included within the rich trove of books from across the Arts, Humanities & Social Science
@TCD_AHSS
@tcddublin
for the start of the Festival of Arts & Humanities
@TLRHub
this week. Thanks
@EvePatten9
&
@TLRHub
!
Thanks to
@DemocracyTalk
for highlighting my forthcoming book The Collaborative Constitution which argues that a collaborative inter-branch dynamic is pivotal to a well-functioning constitutional democracy. Due to be published by
@CUP_Law
in June 2023!
Taking a more future-focused approach to key global questions,
@AileenFKavanagh
's forthcoming book The Collaborative Constitution (
@CUP_Law
) re-thinks how we should protect rights in a
#democracy
, eschewing entrenched conflictual models.
Order it here:
Well, it’s the first anniversary of my Inaugural lecture
@TCDLawSchool
@tcddublin
on ‘The People’s Constitution: An American Dream through Irish Eyes’.
Thanks to everyone who came along to witness the vows. Marriage still going strong.
Happy Valentine’s Day everyone!
If an inaugural lecture is like a marriage between an academic and a university, then I’m preparing to say ‘I do’ to Trinity College Dublin tonight at 6pm. Love is in the air
@tcddublin
Good morning Toronto! Really looking forward to seeing old friends and new at
@westernuLaw
and
@UofTLaw
over the next few days and discussing collaborative constitutionalism.
By an overwhelming majority, an Irish Citizens’ Assembly has recommended inserting a protection for ‘nature rights’ and biodiversity in the Irish Constitution. Though not binding, this will at least spark a political debate. Interesting times for Irish constitutional law.
The 2022 Hamlyn Lectures are given by the great Prof Kate O’Regan
@BonaveroIHR
and former judge South African Constitutional Court on ‘The Courts and the Body Politic’. Nov 2
@QUBelfast
Nov 9
@UofGlasgow
Nov 16
@OxfordLawFac
. Promises to be superb.
Delighted to see The Collaborative Constitution on this list of 30 books nominated for the 2023 Book of the Year prize
@RichardAlbert
- alongside brilliant books by scholars whose work I deeply admire. Thanks to the nominating committee for the inclusion!
Today’s the day for
@ICON__S
! So honoured to be speaking at the opening plenary on unwritten constitutionalism alongside Janet McLean who has written so brilliantly on this topic in
@icon_journal
and elsewhere:
Born almost 200 years ago today, Albert Venn Dicey’s ‘Introduction to the Law of the Constitution’ is still compulsory reading for every law student in the UK, and cited in almost every book and article on the subject. Now that’s what I call impact.
A.V. Dicey, leading jurist of the late 19th and early 20th centuries was born
#OTD
in 1835. His influential ideas about the rule of law were studied by Ian Christopher Fletcher, whose article you can read below- it's free for 1 month!👇
#twitterstorians
A labour law master-class from the mellifluous
@thebigbogg
@TriCONDublin
today, looking at labour law through the lens of the collaborative constitution. A truly collaborative seminar! Thank you
@thebigbogg
Great constitutional colloquium as part of my postgrad class in Comparative Constitutional Law & Theory
@TCDLawSchool
today, with excellent students from Australia, Brazil, Chile, Canada, Germany, Ireland, Australia, Slovakia & the US.
Looking forward to discussing my book - The Collaborative Constitution - next Tuesday April 30th 1pm at the Centre for Public Law
@cambridgelaw
, with Prof TRS Allan as commentator &
@DrKirstyHughes
chairing. Thanks to the CPL for the invitation and opportunity!
Perceptive review of Martin Loughlin’s Against Constitutionalism by Stephen Sedley in
@LRB
. If we define constitutionalism negatively enough, we will all be against it. The big challenge is to develop an account of constitutionalism which captures the ideals to which it aspires.
‘It would be naive to ignore the vulnerability of an organic constitution such as the UK’s to capture or erosion from within, when government contempt for both constitutional propriety and legality is barely disguised.’
Stephen Sedley in our new issue
Enjoyed every moment of the deeply constructive and critical engagement with my forthcoming book The Collaborative Constitution this morning
@ICON__S
with superb colleagues and friends
@Adrienne_Stone1
@roznaiy
Claudia Geiringer & Madhav Khosla. Thank you.
Nice day for a … REFERENDUM!
My first vote in an Irish referendum or election in over 20 years … in my old primary school!
Slow start this morning in the polling station … as expected.
It’s been a year since I joined twitter with help from
@PaoloSandro2
&
@CarpentierUT1
at a great seminar in Rome on Paolo’s book with Giorgio Pino
@GraziellaRomeo
@Moresojj
and a visit from Prof Luigi Ferrajoli. A special event and overall a good experience on twitter/x.
Rich insights from Joseph Raz in his 2012 Kellogg Lecture
@librarycongress
on the tensions between ‘Sovereignty & Legitimacy’ in the context of rapid growth and increased relevance of international law. Worth a watch.
via
@YouTube
Prof Erin Delaney
@efieldingd
is a Visiting Prof
@UCLLaws
until July 2023, doing first-rate scholarship in UK and US constitutional law. Check out her impressive back catalog of publications. Welcome to these shores, Erin - we look forward to hosting you
@TriCONDublin
in May!
Taking a moment to remember my doctoral supervisor Joseph Raz
@BalliolOxford
, who died on May 2nd 2022 and is deeply missed.
Great story here from Nicola Lacey’s brilliant biography of HLA Hart about a visit of legal philosopher to Jerusalem. Thanks for posting
@AdHaque110
!
Joseph Raz passed away exactly two years ago.
I didn't know him. I spoke to him once.
He may be the philosopher whose work influenced mine the most deeply.
Anyway, here's my favorite story about him.
Great discussion yesterday at the Oxford PLP (Philosophy, Law & Politics) Colloquium with
@JeremyJWaldron
,
@JoWolffBSG
, Ruth Chang, Kate Greasley and many more. Called into
@magdalenoxford
chapel beforehand.
Honoured to be part of this superb Issue of
@CompConStudies
alongside scholars whose work I admire. Focusing on methodological issues in constitutional theory and comparative con law, it is chock full of ideas. It’s open access for a restricted time, so check it out now!
It was a real honour to discuss my book in the Moot Court
@UCLLaws
today, a room with a hallowed heritage in constitutional theory from Ronald Dworkin’s days. I recall a special seminar where
@JeremyJWaldron
presented The Core of the Case with Dworkin commenting.
Join UCL Public Law Group's upcoming seminar, where Prof
@AileenFKavanagh
(
@TCDLawSchool
) will be speaking about The Collaborative Constitution. The book offers a fresh account of how we should protect rights in a democracy
🗓️ Tuesday 21 Nov
⏰ 11:30am
And from one Aileen to another, congratulations to Justice Aileen Donnelly of the Irish Supreme Court, on receiving a prestigious Praeses Elit award from the Trinity College Dublin student law society for her contribution to Irish law.
A constitutional referendum to remove the ‘woman in the home’ provision in the Irish constitution - and recognise carers and non-marital families - is slated for March 8th 2024, International Women’s Day. Stay tuned for a
@TriCONDublin
seminar on these proposals in the New Year!
Looking forward to this special event tomorrow
@TriCONDublin
with
@Rgargarella
where we will discuss constitutionalism ‘from conversation to collaboration’ based on our recent books
@CUP_Law
. Tomorrow 5pm Nov 16th
@TCDLawSchool
. All welcome!