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The Principles of Constitutionalism

Online ISBN:
9780191846007
Print ISBN:
9780198808145
Publisher:
Oxford University Press
Book

The Principles of Constitutionalism

N. W. Barber
N. W. Barber
Associate Professor, Trinity College, University of Oxford
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Published:
2 August 2018
Online ISBN:
9780191846007
Print ISBN:
9780198808145
Publisher:
Oxford University Press

Abstract

In this follow-up volume to the critically acclaimed Constitutional State, Nick Barber explores how the principles of constitutionalism structure and influence successful states. Far from acting exclusively as a mechanism to limit state powers, Barber contends that constitutionalism and its associated principles require that the state be structured to advance the well-being of its people. 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 six 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.

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