The Constitutional State (inbunden)
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OUP Oxford
241 x 166 x 18 mm
490 g
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The Constitutional State (inbunden)

The Constitutional State

Inbunden Engelska, 2010-12-09
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The Constitutional State provides an original account of the nature of the state and its constitution. This account casts light on some of the central puzzles faced by writers on constitutions - such as the possibility of states to undertake actions and form intentions, and the moral significance of these actions for the state's citizens.
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Recensioner i media

Joseph Weiler, Editor-in-Chief of the European Journal of International Law What Barber does so successfully and so importantly and so refreshingly is to focus, first and foremost, on society, on the social, on sociality - on the human context in which and on which constitutionalism takes it grip It presents as a result a much more interesting interplay between is and ought in thinking of constitutionalism and the state.

Agustn Jos Menndez, Political Studies Review iThe Constitutional Stater represents a major addition to legal and constitutional theory because of its originality.

Richard Ekins, Law Quarterly Review The great merit of this book is its sustained focus on the social reality that the state is a group made up of officials and citizens who act jointly.

Marinos Diamantides Barber engages the most prominent views of the state and public law in a way that is accessible and original. Hence the book will appeal to students as well as to scholars seeking a mid-way between rule-fetishism and apocalyptic scenarios about the end of constitutionalism.

Paul Scott Topics are well chosen and usefully inter-related and the book as a whole speaks with a strong and clear voice...Barber's success can be ascribed in part to his care and attention in outlining what he is doing, and why. So, for example, his discussion of method stands out as a useful overview of the current state of constitutional theory, while simultaneously making a strong case for the priority of an interpretive method,

Paul Scott, The Edinburgh Law Review By applying the methods and sources of traditional Oxford jurisprudence to constitutional theory, Barber potentially does the discipline a much-needed favour. In the clarity of its aims, its arguments and its conclusions, the book lays down a marker.

The Commonwealth Lawyer Barber nails his flag on the mast of interpretive constitutional theory, arguing that it is prior to other approaches. But he recognises that there is a high degree of complementarity between the interpretive, historical, critical and other approaches and is optimistic that the identity crisis can be ended through an acceptance of that complementarity.

John O'Dowd, Irish Jurist Review ...a fascinating and thought-provoking argument.

Övrig information

<br>Nick Barber is a Senior Law Fellow of Trinity College, Oxford.<br>


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