Sergey Danilov

Contemporary British Legal Doctrine: View at Constitutional State

2012. No. 3. P. 190–194 [issue contents]

Danilov Sergey  - Professor, Department of Constitutional and Municipal Law, National Research University Higher School of Economics. Doctor of Historical Sciences. E-mail: sdanilov@hse.ru
Address: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.

The aim of the author is a review of the book by a British academic N. Barber The Constitutional State which came out in Oxford in 2010. The aim of the review is to show Russian readers specific approach of the researcher to the major problems of democratic constitutionalism. The interdisciplinary complex methodology of the author who writes that he considers constitutional theory as a discipline incorporating all the social branches deserves a special appreciation. The reviewer evaluates positively Barber’s skill not to declare dogmas but analyze controversial questions from different views providing an opportunity to his academic opponents and then give reasonable generalizations. The author chose an easy to comprehend writing style. In this regard Barber’s book has more advantages compared to many textbooks. Many experts are recommended to follow his model. As to the disadvantages, the reviewer specifies the following. First, Barber has not touched upon the ways of adopting and reviewing constitution, federalism, election process, democratic institutions, political parties, legislative and executive power, which reduces the limits of the subject matter. Secondly, he studies the evolution of the constitutional democratic state as a continuous permanent process of moving forward. The Oxford scholar has given a scarce outline of failures and regress in the constitutionalism in Germany, Italy, Russia, Japan, Spain, France, China and Chili.  Hence the author has underestimated challenges experienced by countries when building constitutionalism.

Citation: Danilov Yulievich Sergey (2012) Sovremennaia angliiskaia pravovaia doktrina: vzgliad na konstitutcionnoe gosudarstvo [Contemporary British Legal Doctrine: View at Constitutional State] Pravo. Zhurnal Vysshei shkoly ekonomiki, 3, pp. 190-194 (in Russian)
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