Overview

Following on from his critically acclaimed The Constitutional State, in this new study Nick Barber explores how the principles of constitutionalism structure and influence successful states. Far from acting solely as a mechanism to limit state powers, Barber contends that constitutionalism and its associated principles require that the state be structured to advance the well-being of its people. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and six of its principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the six principles in question, as well as an examination of the methodological challenge of the criteria that a successful interpretation of these principles would satisfy. It concludes with an examination of the relevance of these principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. A timely contribution to constitutional theory, this book is essential reading for those seeking a fresh take on the nature of the state and its potential to enhance society.

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9780191846007

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N. W. Barber, Associate Professor, Trinity College, University of Oxford Nick Barber joined the Oxford Law Faculty in 1998, and has been a fellow of Trinity College since 2000. He holds an MA and BCL from Oxford, and is a non-practising barrister and member of Middle Temple. In 2013 he was appointed University Lecturer in Constitutional Law. He has lectured extensively on constitutional law and theory in many countries. He has published many papers in these areas, and his book, The Constitutional State, (OUP, 2011) was widely reviewed.

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