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The Principles of Constitutionalism

The Principles of Constitutionalism

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198808145
  • 出版时间 August 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥878.75

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  • 描述 
  • 大纲 
  • 详细

    In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states.

    Constitutionalism is not exclusively a mechanism to limit state powers. 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 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.

  • 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

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