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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.
This work investigates the fundamental nature of the state and the constitutional mechanisms that define its existence and moral obligations. N. W. Barber, a scholar of constitutional law, constructs a theoretical framework that defines the state as a social group composed of individuals, territory, and institutions. By analyzing the relationship between these institutions and the populace, the author argues for the necessity of legal and constitutional pluralism in understanding modern governance.
What You Will Find
Scope Limits
Legal scholars frequently cite this work for its rigorous analytical approach to constitutional theory. Experts highlight the text as a dense, foundational contribution to the study of statehood and institutional responsibility.
Page Count:
224
Publication Date:
2012-01-01
Publisher:
Oup Oxford
ISBN-10:
0191637246
ISBN-13:
9780191637247
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