Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.

Click to enlarge

Print Price: $115.50

Format:
Hardback
350 pp.
156 mm x 234 mm

ISBN-13:
9780199585014

Publication date:
January 2011

Imprint: OUP UK

The Constitutional State

Nick Barber

Series : Oxford Constitutional Theory

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 : Suitable for 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

There are no Instructor/Student Resources available at this time.

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

The Idea of Public Law - Martin Loughlin
The Paradox of Constitutionalism - Edited by Martin Loughlin and Neil Walker
Constitutional Goods - Alan Brudner
Legal Republicanism - Edited by Samantha Besson and José Luis Martí
The Authority of the State - Leslie Green
Making Sense - Margot Northey and Joan McKibbin

Special Features

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.