Nicholas Barber
Professor of Constitutional Law and Theory
Faculty officer role(s):
Associate Dean for Research
Biography
Nick Barber joined the Oxford Law Faculty in 1998 as a Fixed Term Fellow at Brasenose, moving to a tenured Fellowship at Trinity College in 2000. He holds an MA from Oxford and the BCL, and is a non-practicing barrister and member of Middle Temple. In 2013 he was appointed University Lecturer in Constitutional Law and in 2017 he was appointed Professor of Constitutional Law and Theory. In 2012 and 2013 he was a visiting Professor at Renmin University, China. He has lectured extensively on constitutional law and theory in many countries. He has published many papers in these areas, and his book - The Constitutional State – was published in 2011, and has been widely reviewed. His second book, The Principles of Constitutionalism, was published by Oxford University Press in summer 2018. His most recent book, The United Kingdom Constitution: An Introduction was published in the Clarendon Law Series in late 2021. Both The American Journal of Jurisprudence and The Jerusalem Review of Legal Studies have published collections of essays on his work.
He was founder editor of the United Kingdom Constitutional Law Blog, and he was a co-author, with Jeff King and Tom Hickman, of the blog post that sparked the litigation in Miller, a post which first advanced the arguments eventually adopted by the High Court and Supreme Court.
Alongside Richard Ekins, he is co-director of The Programme for the Foundations of Law and Constitutional Government.
He is currently Associate Dean (Research).
Featured Publications
Publications
Barber N, “Peoples, Principles, and Finality” (2021) 66 American Journal of Jurisprudence 145
Barber N, “Populist Leaders and Political Parties” (2019) 20 German Law Journal 129
Barber N, “Why Entrench?” (2016) 14 International Journal of Constitutional Law 325
Barber N and Ekins R, “Situating Subsidiarity” (2016) 61 American Journal of Jurisprudence 5
Barber N, “Legal Pluralism and the European Union”
Barber N and Young A, “The Rise of Prospective Henry VIII Clauses and Their Implications for Sovereignty”
Barber N, “The Afterlife of Parliamentary Sovereignty (In Russian Translation)” [2016] Proceedings of Higher Education Institutions: Pravovedenie 156
Barber N and Vermeule A, “The Exceptional Role of Courts in the Constitutional Order” [2016] Notre Dame Law Review
Barber N, “Constitutionalism: Negative and Positive” [2015] Dublin University Law Journal
Barber N, “The Constitutional Regulation of Scottish Secession” [2015] Oxford Legal Studies Research Paper
BARBER N, “The Significance of the Common Understanding in Legal Theory” (2015) 35 Oxford Journal of Legal Studies 799
Barber N, “The Significance of the Common Understanding in Legal Theory” (2015) 35 OXFORD JOURNAL OF LEGAL STUDIES 799
Barber N, “Constitutionalism: Negative and Positive” (2015) 38 Dublin University Law Journal 249
Barber N, “SELF-DEFENCE FOR INSTITUTIONS” (2013) 72 CAMBRIDGE LAW JOURNAL 558
Barber N, “Citizenship, Nationalism, and the European Union”
Barber N, “Against a Written Constitution” (2013) 11 Public Law
Barber N, “The Constitution of China: A Contextual Analysis” (2013) 129 Law Quarterly Review 132
Barber N, “Self-Defence for Institutions” [2012] Oxford Legal Studies Research Paper
Barber N, “The Separation of Powers and the British Constitution” [2012] Oxford Legal Studies Research Paper
Barber N, “The Separation of Powers in the British Constitution (In Russian Translation)” [2012] Law: The Journal of the Higher School of Economics 3
Barber N, “The Afterlife of Parliamentary Sovereignty” (2011) 9 ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW 144
Barber N, “Review of The New Separation of Powers” [2011] Public Law 428
Barber N, “LAW AND THE LIMITS OF REASON” (2010) 88 TEXAS LAW REVIEW 807
Barber N, “A CONSTITUTION OF MANY MINDS: WHY THE FOUNDING DOCUMENT DOESN’T MEAN WHAT IT MEANT BEFORE” (2010) 88 TEXAS LAW REVIEW 807
Barber N, “Two Meditations on the Thoughts of Many Minds” (2010) 88 Texas Law Review 807
Barber N, “Two Meditations on the Thoughts of Many Minds, Book Review” (2010) 88 Texas Law Review
Barber N, “Laws and Constitutional Conventions”
Barber N, “Review of The Paradox of Constitutionalism” (2008) 124 Law Quarterly Review 160
Barber N, “Review of The Sovereignty of Law” (2008) 68 Cambridge Law Journal 426
Barber N, “Legal Pluralism and the European Union” (2006) 12 European Law Journal 306
Barber N, “Subsidiarity in the Draft Constitution” (2005) 11 European Public Law 197
Barber N, “The Limited Modesty of Subsidiarity” (2005) 11 European Law Journal 308
Barber N, “The Limited Modesty of Subsidiarity”
Barber N, “Professor Loughlin’s Idea of Public Law”
Barber N, “Must Legalistic Conceptions of the Rule of Law Have a Social Dimension?”
Barber N and Scott H, “State Liability Under Francovich for Decisions of National Courts” (2004) 121 Law Quarterly Review 403
Barber N, “European Constitutionalism Beyond the State” [2004] Public Law 195
Barber N, “Parliamentary Immunity and Human Rights” (2003) 119 Law Quarterly Review 557
Barber N, “A Question of Taste” (2003) 118 Law Quarterly Review 230
Barber N, “A Right to Privacy?” [2003] Public Law 602
Barber N, “The Rechtsstaat and the Rule of Law” [2003] The University of Toronto Law Journal, Vol. 53
Barber N, “Prelude to the Separation of Powers”
Barber N and Young A, “Political Libels in New Zealand” (2001) 117 Law Quarterly Review 175
Barber N, “The Doctrine of State Necessity and Revolutionary Legality in Fiji” (2001) 117 Law Quarterly Review 370
Barber N, “The Academic Mythologians”
Barber N, “Sovereignty Re-Examined: The Courts, Parliament, and Statutes” (2000) 20 Oxford Journal of Legal Studies 131
Barber N, “Recrafting the Rule of Law” (2000) 116 Law Quarterly Review 332
Barber N, “The Doctrine of State Necessity in Pakistan” (2000) 116 Law Quarterly Review 332
Barber N, “Sovereignty Re-Examined” [2000] Oxford Journal of Legal Studies
Barber N and Barber P, The United Kingdom Constitution An Introduction (Oxford University Press, USA 2021)
BARBER N, The Principles of Constitutionalism (Oxford University Press 2018)
Barber N, “The Significance of the Common Understanding in Legal Theory” in D Kyritsis and S Lakin (eds.), The Methodology of Constitutional Theory (Hart 2022)
Barber N, “Entrenchment” in R Bellamy and J King (eds.), The Cambridge Handbook of Constitutional Theory (Cambridge University Press 2022)
Barber N, “The Two Europes”, Rise and Fall of the European Constitution (Bloomsbury Publishing 2019)
Barber N, “The Point of the State and the Point of Public Law” in E Fisher, J King and A L. Young (eds.), The Fundamentals and Future of Public Law (Oxford University Press 2019)
Barber N, Hickman T and King J, “Reflections on Miller” in D Clarry (ed.), Supreme Court Yearbook (Appellate Press 2018)
Barber N, “Legal Inconsistency and the Emergence of States”, Law and The New Logics (Cambridge University Press 2017)
Barber N, “A Note on the Separation of Powers” in M Elliott and R Thomas (eds.), Public Law (Oxford University Press 2017)
Barber N, Ekins R and Yowell P, “Introduction” in N W. Barber, R Ekins and P Yowell (eds.), Lord Sumption and the Limits of the Law (2016)
Barber N, “Legal Realism, Pluralism, and Their Challengers” in U Neergaard and R Nielsen (eds.), European Legal Method – towards a New European Legal Realism? (DJOEF Publishing 2013)
Barber N, “Legal Realism, Pluralism, and Their Challengers” (2012)
Barber N and Dobrzeniecki (translator) K, “Suwerennosc Panstw a Relacje : Prawo Europejskie - Narodowe Konstytucje” in D Bunikowskiego and K Dobrzenieckiego (eds.), Pluralizm Pranwny: Tradycja, Transformacje, Wyzwania (Torun Press 2009)
Barber N, “The Constitution, The State and the European Union”, Cambridge Yearbook of European Law (CUP 2006)
Barber N, “A Right to Privacy” in K Ziegler (ed.), Human Rights, Private Law and Privacy (Hart Publishing 2006)
Barber N, “Citizenship, Nationalism and the European Union” in M Inglesias (ed.), Globalisation, Democracy and Citizenship (Humbolt 2003)
BARBER N, “Legal Inconsistency and the Emergence of States” in H Glenn and L Smith (eds.), Law and the New Logics (Cambridge University Press)
Barber N, “Why Precedent Works” in T Endicott, H Krisjannson and S Lewis (eds.), Philosophical Foundations of Precedent (Oxford University Press)
Barber N, “Norms and Narratives in the Constitution of the United Kingdom” (2022)
Barber N, “Panel Discussion on Written Constitution” (2022)
Barber N, “Essay Writing: One Secret and Three Tips” (2022)
Barber N, “Efficent Secrets Podcast: Constitutions, Human Rights, Democracy” (2022)
Barber N, “Forward (Public Law)” (2021)
Barber N, “Verfassungsblog Interview” (2020)
Barber N, “After Parliamentary Sovereignty” (2020)
Barber N, “Prorogation, Prerogative, and the Supreme Court” (2019)
Barber N, “Playing Hardball With the Queen” (2019)
Barber N, Cahill M and Ekins R, “The Rise and Fall of the European Constitution” (2019)
Barber N, “The Legal Academic In the Internet Age” (2017)
Barber N and King J, “In Defence of Miller” (2016)
Barber N, King J and Hickman T, “Pulling the Article 50 ’Trigger’: Parliament’s Indispensable Role” (2016)
Barber N, “The Brexiteers: Right Answer, Wrong Question” (2016)
Barber N, Ekins R and Yowell P, “Lord Sumption and the Limits of the Law” (2016)
Barber N, “Institutional Cures for Cognitive Ailments” (2015)
Barber N, “After the Vote: The Citizenship Question” (2014)
Barber N, “If Scotland Had Voted Yes..”. (2014)
Barber N, “After the Vote: Regulating Future Independence Referendums” (2014)
Barber N, “After the Vote: If Scotland Votes Yes” (2014)
Barber N, “Can Royal Assent Be Refused on the Advice of the Prime Minister?” (2013)
Barber N, “The Constitutional Inheritance of the Royal Baby: A Speculation” (2013)
Barber N, “The Sophick Constitution” (2012)
Barber N, “Scottish Independence and the Role of the United Kingdom” (2012)
Barber N, “The Virtues of Advisory Referendums” (2012)
Barber N, “Does China Enjoy Greater Legitimacy Than Any Western State?” (2012)
Barber N, “House of Lords Reform: A Look in the Long Grass”. (2012)
Barber N, “The Special Advisor Who Wasn’t” (2011)
Barber N, “A Good Word for the Bill of Rights Commission” (2011)
Barber N, “The Decline of Mercy” (2011)
Barber N, “Forms of Public Participation in the United Kingdom’s Legislative Processes (In Chinese Translation)” (Chinese Academy of The Social Sciences 2009)