The Principles of Constitutionalism

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


Daniel Weinstock, 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.


Renata Uitz, 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.


Malcolm M. Feeley, 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.


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


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


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


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


Maris Kpcke, 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.


Philip Sales, Justice of the Supreme Court of the United Kingdom, 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


Edward Willis, University of Auckland, Journal of Legal Philosophy 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...

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.

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