The Principles of Constitutionalism

N. W. Barber (Associate Professor, Trinity College, University of Oxford)

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English

Oxford University Press
02 August 2018

Politics & government; Law; Jurisprudence & philosophy of law; Private & Civil law: general works; Government powers

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.

By: N. W. Barber (Associate Professor Trinity College University of Oxford)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 163mm, Spine: 23mm
Weight: 604g
ISBN: 9780198808145
ISBN 10: 0198808143
Pages: 290
Publication Date: 02 August 2018
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

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.

Reviews for The Principles of Constitutionalism

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 *