The Principles of Constitutionalism

Awards:   Winner of Joint Runner Up, 2022 Main Inner Temple Book Prize. Winner of Shortlisted, 2022 The Inner Temple Book Prize.
Author:   N. W. Barber (Associate Professor, Trinity College, University of Oxford)
Publisher:   Oxford University Press
ISBN:  

9780198808145


Pages:   290
Publication Date:   21 August 2018
Format:   Hardback
Availability:   To order   Availability explained
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The Principles of Constitutionalism


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Awards

  • Winner of Joint Runner Up, 2022 Main Inner Temple Book Prize.
  • Winner of Shortlisted, 2022 The Inner Temple Book Prize.

Overview

In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. 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 its central 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 principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

Full Product Details

Author:   N. W. Barber (Associate Professor, Trinity College, University of Oxford)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.30cm , Length: 24.20cm
Weight:   0.604kg
ISBN:  

9780198808145


ISBN 10:   0198808143
Pages:   290
Publication Date:   21 August 2018
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Introduction: Constitutionalism Negative Constitutionalism Positive Constitutionalism Constitutionalism: A Fresh Start 2: Sovereignty The Four Aspects of Sovereignty The Value of Sovereignty Is the Creation of the State Always Desirable? A Note on the Supposed Passing of State Sovereignty 3: The Separation of Powers The Point of the Separation of Powers Approaching the Separation of Powers Relationships Between Institutions The Demands of the Separation of Powers 4: The Rule of Law The Demands of the Rule of Law The Rule of Law and the State 5: Civil Society States and Private Groups Civil Society and the Invisible Hand 6: Democracy Direct Democracy Representative Democracy The Indispensability of Political Parties 7: Subsidiarity The Demands of Subsidiarity The Application of Subsidiarity Subsidiarity and National Self-Determination 8: Conclusion: The Application of the Principles of Constitutionalism The Interconnectedness of the Principles of Constitutionalism Justified Variation in the Application of the Principles Justifiable Departure from the Principles of Constitutionalism Appendix: Invisible Hand Systems The Market as an Instance of the Invisible Hand Invisible Hand Systems Contrasted with Direct Co-Ordination Through Authority

Reviews

In his latest book, The Principles of Constitutionalism, Nick Barber offers readers a distinctive, philosophically grounded account of constitutionalism. Recognizing that constitutionalism is an important but slippery concept, Barber presents an analysis of constitutionalism rooted in the theory of the state ... Barber has presented a fascinating contribution to the literature on constitutionalism that moves the debate forward by credibly reconceptualizing many of the key issues. The focus on empowered and effective constitutional government, rooted in a positive theory of the state, is coherently presented and at times compelling. That is more than enough to recommend The Principles of Constitutionalism to any reader interested in constitutional theory. * Edward Willis, University of Auckland, Journal of Legal Philosophy * subtle, intricate, stimulating and powerfully argued study of constitutional principle. This fine book will be essential reading for anyone working in constitutional theory for many years to come. * Richard Ekins, Law Quarterly Review *


subtle, intricate, stimulating and powerfully argued study of constitutional principle. This fine book will be essential reading for anyone working in constitutional theory for many years to come. * Richard Ekins, Law Quarterly Review *


subtle, intricate, stimulating and powerfully argued study of constitutional principle. This fine book will be essential reading for anyone working in constitutional theory for many years to come. * Richard Ekins, Law Quarterly Review * In his latest book, The Principles of Constitutionalism, Nick Barber offers readers a distinctive, philosophically grounded account of constitutionalism. Recognizing that constitutionalism is an important but slippery concept, Barber presents an analysis of constitutionalism rooted in the theory of the state ... Barber has presented a fascinating contribution to the literature on constitutionalism that moves the debate forward by credibly reconceptualizing many of the key issues. The focus on empowered and effective constitutional government, rooted in a positive theory of the state, is coherently presented and at times compelling. That is more than enough to recommend The Principles of Constitutionalism to any reader interested in constitutional theory. * Edward Willis, University of Auckland, Journal of Legal Philosophy *


Author Information

N. W. Barber joined the Oxford Law Faculty in 1998, and has been a fellow of Trinity College since 2000. In 2013 he was appointed University Lecturer in Constitutional Law and in 2017 he was appointed Professor of Constitutional Law and Theory. He holds an MA and BCL from Oxford, and is a non-practising barrister and member of Middle Temple. 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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