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Page 1 of 4

  • 1 - Introduction

  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book:
    The Cambridge Handbook of Constitutional Theory
    Published online:
    27 March 2025
    Print publication:
    24 April 2025, pp 1-20

  • Summary

    The Introduction starts by exploring three varieties of constitutional theory: normative, conceptual and positive. It then offers an account of the basic concept of a constitution, noting how it differs from its various conceptions. This section also defends the analytical structure of this volume into values, modalities and institutions as part of the basic concept of a constitution. The third section turns to constitutional norms, both written and unwritten, and their role within even a codified constitution. Finally, we look at the variety of constitutionalisms as a product of the essential contestability of the values, modalities and institutions of any conception of the constitution, be that conception theorised normatively, conceptually or positively (or draw on elements of all three approaches). This diversity is exemplified by the contrasting views of the contributors to this volume.

  • 18 - The Rule of Law

  • from Part II - Modalities
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book:
    The Cambridge Handbook of Constitutional Theory
    Published online:
    27 March 2025
    Print publication:
    24 April 2025, pp 297-315

  • Summary

    The rule of law is a normative political ideal. This chapter presents two approaches to understanding it. The first is the legal essentialist approach, which derives an account of the rule of law from an account of the essence of legality and legal systems. The second is the limited government approach, which derives an account from a normative theory proposing a role for law in opposing and negating the arbitrary power of persons over others. The chapter contends that the latter approach is more persuasive than the former. However, and despite recent refinements, the approach has a legacy of libertarian thinking and has not acknowledged what the author of this chapter refers to as a regulatory conception of the rule of law which has a prominent social dimension. The social dimension entails a duty founded upon the rule of law ideal to legally regulate private arbitrary powers whose exercise allows some to impose coercion as well as non-consensual exploitation on others. The regulatory conception and its social dimension help us understand the appropriate relationship between the rule of law and human rights, the welfare state, and democracy.

The Cambridge Handbook of Constitutional Theory
  • Edited by Richard Bellamy, Jeff King
  • Published online:
    27 March 2025
    Print publication:
    24 April 2025
  • This Handbook brings together contributions from leading scholars of constitutionaltheory, with backgrounds in law, philosophy and political science. Its sixty chapters not only offer an exceptional survey of the field but also provide a major contribution to it. The book explores three main areas. First, the values upheld by a constitution, including rights, freedom, equality, dignity and well-being. Second, the modalities of a constitutional system, such as the separation of powers, democratic representation and the rule of law. Finally, the institutions through which it operates, both legal and political, including courts, elections, parliaments and international organisations. It also considers the challenges confronting constitutional arrangements from growing inequality, populism, climate change and migration.

Page 1 of 4