The Principles of Constitutionalism

N. W. Barber

An innovative account of constitutionalism
Argues that we should look beyond its 'negative' function as a limit on state power, and explore how constitutionalism benefits society
Draws upon the work of constitutional lawyers, political theorists, and political scientists
Essential reading for public law practitioners and students of constitutional theory and political science, as well as scholars in related disciplines approaching theories of the state for the first time

The Principles of Constitutionalism

N. W. Barber

Description

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.

The Principles of Constitutionalism

N. W. Barber

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

The Principles of Constitutionalism

N. W. Barber

Author Information

N. W. Barber, Professor of Constitutional Law and Theory, Trinity College, University of Oxford

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.

The Principles of Constitutionalism

N. W. Barber

Reviews and Awards

"Professor Nicholas Barber's The Principles of Constitutionalism is an ambitious magnificent book." - Rivka Weill, Jerusalem Review of Legal Studies

"Nick Barber's The Principles of Constitutionalism is in my view one of the most important works in constitutional theory in recent decades. For a political theorist, one of its principal virtues lies in its taking very seriously indeed the role that political institutions perform in ensuring that the state can perform its main function, that of promoting the well-being of its citizenry." - Daniel Weinstock, Jerusalem Review of Legal Studies

"Barber's recent book brings much needed inspiration for the study of constitutions and constitutionalism at work. In particular, his emphasis on the interconnectedness of the principles of constitutionalism offers useful starting points for unmasking the genius of illiberal constitutional chicanery." - Renata Uitz, Jerusalem Review of Legal Studies

"I, for one, am impressed. In this era of constitutionalism, this book is certainly a welcome complement to the many empirical studies on constitutions and constitution-making, and one that adds both perspective and normative framework." - Malcolm M. Feeley, Jerusalem Review of Legal Studies

"In The Principles of Constitutionalism, Nicholas Barber provides a sophisticated yet highly readable introduction to fundamental constitutional principles." - Adrienne Stone and Lael K Weis, Oxford Journal of Legal Studies

"...careful, elegant and illuminating" - Richard Ekins, The American Journal of Jurisprudence

"...genuinely illuminating." - Adrian Vermeule, The American Journal of Jurisprudence

"There is so much that is original and persuasive in the book." - Timothy Endicott, The American Journal of Jurisprudence

"Barber's book is a fine instance of constitutional scholarship that is sensitive to the purposes of the state, understood as the moral need for state structures to realize justice in community. It provides excellent insights about the law's role in facilitating the self-direction of those it empowers, by delimiting their scope of action." - Maris Köpcke, The American Journal of Jurisprudence

"Nick Barber's book is part of an ambitious project to present a conceptual account of the state and the principles which should govern its functioning. His account is highly sophisticated and shows great sensitivity to the ways in which the constitutional order operates in practice, and how different elements of it impact on each other" - Philip Sales, Justice of the Supreme Court of the United Kingdom, The American Journal of Jurisprudence

"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