Nick Barber

Wyatt Rushton Fellow and Tutor in Law

A full list of Professor Barber’s publications can be found on his faculty webpage.

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Featured Publications

Lord Sumption and the Limits of the Law

Lord Sumption and the Limits of the Law

Author: Edited by: N W Barber, R Ekins, and P Yowell

Publisher: Hart Publishing - Bloomsbury

Publication date: February 2016

In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and limits of the judicial role and its implications for human rights protection and democracy. The starting point for this reflection is Lord Sumption’s lecture, ‘The Limits of the Law’, which grounds a wide-ranging discussion of questions including the scope and legitimacy of judicial law-making, the interpretation of the European Convention on Human Rights, and the continuing significance and legitimacy, or otherwise, of the European Court of Human Rights. Lord Sumption ends the volume with a substantial commentary on the responses to his lecture.

The Constitutional State

The Constitutional State

Publisher: OUP Oxford

Publication date: December 2010

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.