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198 results

Page 1 of 10

  • 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.

  • 50 - Bills of Rights

  • from Part III D - The Legal System
  • 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 884-901

  • Summary

    This chapter focuses not on the possible content of a Bill of Rights, such as whether it should contain social and economic rights or only civil and political rights, but on the form any such Bill needs to take to be legitimate in a manner congruent with the moral norms of equal concern and respect underlying both rights and democracy. It explores four conceptions of Bills of Rights and the different ways they relate to democratic theory and practice. I start with the view of a Bill of Rights as distinct from normal legislation and that is ultimately the responsibility of the courts to defend. I distinguish between substantive and procedural accounts, in which the first focuses on upholding the rights necessary to ensure the outputs of democratic decisions reflect democratic norms whereas the second seeks to uphold the rights required for a due democratic process. I then turn to legislated rights and the role of Parliamentary Bills of Rights. Finally, I examine the role of democratic constitutional politics as a means for justifying and legitimising such rights instruments, be they upheld by legislatures or courts.

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 10