The Constitutional State

Author: Nick Barber
Publisher: Oxford University Press
ISBN: 9780199659937
Published In: September 2012
Format: Paperback , 224 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Offers an original analytic theory of the nature of the state and its constitution, providing new answers to central puzzles in constitutional theory
Includes an accessible introduction to the methodology of constitutional theory of value to students approaching the subject for the first time
Features an extended jurisprudential analysis of the problems of constitutional pluralism, providing an original contribution to the theory of legal systems

The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.

Readership: Academics and students working in constitutional theory, jurisprudence or political theory.

1: The Paths of Constitutional Theory
2: Approaching the State
3: The Members of the State
4: The Constitution of Social Groups
5: States and Their Constitutions
6: Laws and Conventions
7: The Mentality of the State
8: The Responsibility of the State
9: Legal Pluralism
10: Constitutional Pluralism

Nick Barber, Fellow of Trinity College, Oxford

Nick Barber is the Senior Law Fellow at Trinity College. He specializes in public law, in particular constitutional theory and has lectured on constitutional issues in America, Canada, Spain, and Germany.