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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.
List 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
About the author
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.
Summary
In this follow-up to the Constitutional State, Nick Barber sets out how the principle of societal good should shape constitutions, in particular the composition and relationships of state institutions. Coverage includes sovereignty, the separation of powers, the rule of law, subsidiarity, democracy, and civil society.
Additional text
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.
