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Items
Details
Title
The constitutional state / N.W. Barber.
Published
Oxford ; New York : Oxford University Press, 2010.
Call Number
K3169 .B3644 2010
ISBN
9780199585014 (hardback)
0199585016 (hardback)
0199585016 (hardback)
Description
xiii, 199 pages ; 24 cm.
System Control No.
(OCoLC)460061453
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Acknowledgments
ix
Introduction
xi
ch. 1
The Paths of Constitutional Theory
1
The Priority of Interpretive Constitutional Theory
2
The Central Case
5
Description and Evaluation
8
The Significance of the Ethical Framework
11
The Many Paths of Constitutional Theory
15
ch. 2
Approaching the State
17
The Claims of the State
19
The State as a Social Group
25
Choosing an Account of the State
33
ch. 3
The Members of the State
36
The Purposes of the State
36
The Nature of Citizenship
48
The Cenntrality of Citizenship
53
Conclusion
56
ch. 4
The Constitution of Social Groups
58
Social Rules
58
Social Rules and Social Groups
67
Conclusion
74
ch. 5
The State and its Constitution
75
Legalistic Models of State and Constitution
75
The Content of Constitutions
78
The Ambiguities of State Constitutions
87
Conclusion
88
ch. 6
Laws and Conventions
89
Courts and the Enforcement of Conventions
89
Formalized Constitutional Conventions
96
Conclusion
103
ch. 7
The Mentality of the State
104
Individualist and Holist Accounts of Social Groups
105
The Intentions and Actions of the State
109
The Neuroses of the State
117
Conclusion
123
ch. 8
The Responsibility of the State
124
Responsibility
124
Responsibility and the State
130
The Continuity of States
139
The Inheritance of the State
142
Conclusion
143
ch. 9
Legal Pluralism
145
The Nature of Legal Pluralism
146
Inconsistent Legal Rules
148
The Possibility of Multiple Rules of Recognition
156
The Rhodesian Crisis as a Test Case for Legal Pluralism
159
Legal Pluralism and the European Union
164
Conclusion
170
ch. 10
Constitutional Pluralism
172
Federations and Confederations
172
The Statehood of the European Union
175
Legal and Constitutional Pluralism Contrasted
182
Bibliography
183
Index
197