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.
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.
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.
Inhaltsangabe
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
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
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