Cited by 31Comparative constitutional jurisprudence studiesLegal and Constitutional StudiesAmerican Constitutional Law and Politics

The DOI matches its Crossref record.

Introduction: Constitutionalism

Barber, N. W.·2018·The Principles of Constitutionalism

Abstract

This chapter considers the nature of constitutionalism. It begins by examining accounts of constitutionalism that present the doctrine as a constraint on state power. These understandings of constitutionalism, negative constitutionalism, rest on accounts of the state that present that institution as a threat to its people, and constitutions as sets of rules that are imposed on, and constrain, the state, mitigating this danger. This understanding of constitutionalism misses an important aspect of the doctrine and rests on a misleading account of states and constitutions. Constitutionalism requires the creation of an effective and competent set of state institutions; it has a positive dimension. In contrast to negative constitutionalism, positive constitutionalism recognizes that the state exists to benefit its people, and the constitution is that set of rules that empowers and constructs state institutions. The account of constitutionalism provided in this chapter sets the agenda for the rest of the book. It locates constitutionalism within constitutional theory, and examines the connection between constitutionalism and the principles discussed in the following chapters.

Overview

Integrity signals

Registry

Crossref · 10.1093/oso/9780198808145.003.0001

Cites

Statistics

Recomputing p-values needs the paper’s full text.

Verification

Claims the paper makes

This paper’s full text isn’t openly available, so its claims and self-check weren’t run. The registry and citation checks still apply.

Claims other papers make about this one

Each is checked against this paper’s own text: does it say what the citing paper says it does?

Citations

Cited by

See all 31

Metadata

Authors
Barber, N. W.
Corresponding author
Barber, N. W.
Venue
The Principles of Constitutionalism
Published
2018-08-02
OpenAlex
W4252262085
Cited by
31
References
0
Citations by year
2026: 3 · 2025: 5 · 2024: 4 · 2023: 5 · 2022: 8 · 2021: 3 · 2020: 1
FWCI
7.48
Type
book chapter
Language
en
Open access
closed
Locations
Oxford University Press eBooks (publishedVersion)
Topics
  • Social Sciences › Political Science and International Relations › Comparative constitutional jurisprudence studies
  • Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Legal and Constitutional Studies
  • Social Sciences › Political Science and International Relations › American Constitutional Law and Politics
Keywords
constitutionalism, state power, state institutions, constitution, constitutional theory

About these checks

Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.

Statistics and arithmetic are recomputed, not judged.

Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.

What counts as a claim ›How we measure confidence ›How we check this ›

Are you an author, or do you see a problem with this page? Request a review