Nicholas Barber
Professor of Constitutional Law and Theory
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).
Publications
BARBER N, ‘What Is Constitutional Ideology?’ [2024] International Journal of Constitutional Law
BARBER N, ‘Sovereignty, Parties, and Principles: A Partial Reply’ [2021] Jerusalem Review of Legal Studies
BARBER N, ‘Peoples, Principles, and Finality’ [2021] American Journal of Jurisprudence: an international forum for legal philosophy
BARBER N, ‘Populist Leaders and Political Parties’ [2019] German Law Journal
Barber N and Vermeule A, ‘The Exceptional Role of Courts in the Constitutional Order’ [2017] Notre Dame Law Review
Barber N, ‘Why Entrench?’ [2016] International Journal of Constitutional Law
Ekins R and Barber N, ‘Situating Subsidiarity’ (2016) 61(1) American Journal of Jurisprudence 5
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, ‘Constitutionalism: Negative and Positive’ [2015] Dublin University Law Journal
Barber N, ‘The Constitutional Regulation of Scottish Secession’ [2015] (38) Oxford Legal Studies Research Paper
BARBER N, ‘The Significance of the Common Understanding in Legal Theory’ (2015) 35(4) 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(3) CAMBRIDGE LAW JOURNAL 558
Barber N, ‘Citizenship, Nationalism, and the European Union’
Barber N, ‘Against a Written Constitution’ (2013) 11 Public Law
Barber N, ‘Self-Defence for Institutions’ [2012] (61) Oxford Legal Studies Research Paper
Barber N, ‘The Separation of Powers and the British Constitution’ [2012] (3) 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(1) ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW 144
Barber N, ‘LAW AND THE LIMITS OF REASON’ (2010) 88(4) TEXAS LAW REVIEW 807
Barber N, ‘A CONSTITUTION OF MANY MINDS: WHY THE FOUNDING DOCUMENT DOESN’T MEAN WHAT IT MEANT BEFORE’ (2010) 88(4) 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, ‘Legal Pluralism and the European Union’ (2006) 12(3) European Law Journal 306
Barber N, ‘The Limited Modesty of Subsidiarity’ (2005) 11(3) European Law Journal 308
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, ‘The Rechtsstaat and the Rule of Law’ [2003] (4) The University of Toronto Law Journal, Vol. 53
Barber N, ‘Prelude to the Separation of Powers’
Barber N, ‘The Academic Mythologians’
Barber N, ‘Sovereignty Re-Examined’ [2000] Oxford Journal of Legal Studies
BARBER N, ‘In Defence of the Common Good’ American Journal of Jurisprudence: an international forum for legal philosophy
Barber N, ‘In Defence of the Common Good’ American Journal of Jurisprudence: an international forum for legal philosophy
Barber N, The United Kingdom Constitution An Introduction (Oxford University Press 2021)
BARBER N, The Principles of Constitutionalism (Oxford University Press 2018)
Barber N, The Constitutional State (OUP Oxford 2012)
Barber N, ‘Entrenchment’ in R Bellamy and J King (eds.), The Cambridge Handbook of Constitutional Theory (Cambridge University Press 2024)
BARBER N, ‘Why Precedent Works’ in T ENDICOTT, H Krisjannson and S Lewis (eds.), Philosophical Foundations of Precedent (Oxford University Press 2023)
BARBER N, ‘Accommodation and Resolution in the Good Constitution’ in V Jackson and Y Dawood (eds.), Constitutionalism and a Right to Effective Government (Cambridge University Press 2022)
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, ‘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, ‘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 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, ‘A Right to Privacy’ in K Ziegler (ed.), Human Rights, Private Law and Privacy (Hart Publishing 2006)
Barber N, ‘The Constitution, The State and the European Union’, Cambridge Yearbook of European Law (CUP 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, ‘What Dicey Forgot’ in C Marshall and C Roynier (eds.), Modern Perspectives on the Scholarship of A. V. Dicey: The Enduring Legacy of a Victorian Constitutionalist (Hart)
Barber N, ‘Norms and Narratives in the Constitution of the United Kingdom’ (CEU Democracy Institute Podcast, 1 April 2022)
Barber N, ‘Efficent Secrets Podcast: Constitutions, Human Rights, Democracy’ (Oxford Constitutional Studies Forum, 1 January 2022)
Barber N, ‘Essay Writing: One Secret and Three Tips’ (The Law Prof, 1 January 2022)
Barber N, ‘Panel Discussion on Written Constitution’ (The UK in a Changing Europe, 1 January 2022)
Barber N, ‘Forward (Public Law)’ (The Oxford Undergraduate Law Journal, 1 January 2021)
Barber N, ‘Verfassungsblog Interview’ (Verfassungsblog, 1 December 2020)
Barber N, ‘After Parliamentary Sovereignty’ (Putney Debates, 1 January 2020)
Barber N, ‘Prorogation, Prerogative, and the Supreme Court’ (Harvard Law Review Blog, 1 October 2019)
Barber N, ‘Playing Hardball With the Queen’ (Oxford Human Rights Hub, 1 August 2019)
Barber N, ‘The Legal Academic In the Internet Age’ (United Kingdom Constitutional Law Association Blog, 1 June 2017)
Barber N and King J, ‘In Defence of Miller’ (United Kingdom Constitutional Law Blog, 1 January 2016)
Barber N, King J and Hickman T, ‘Pulling the Article 50 ’Trigger’: Parliament’s Indispensable Role’ (United Kingdom Constitutional Law Association Blog, 1 January 2016)
Barber N, ‘The Brexiteers: Right Answer, Wrong Question’ (International Journal of Constitutional Law Blog, 1 January 2016)
Barber N, ‘Institutional Cures for Cognitive Ailments’ (The New Rambler, 1 January 2015)
Barber N, ‘If Scotland Had Voted Yes...’ (United Kingdom Constitutional Law Blog, 1 January 2014)
Barber N, ‘After the Vote: The Citizenship Question’ (United Kingdom Constitutional Law Blog, 1 January 2014)
Barber N, ‘After the Vote: Regulating Future Independence Referendums’ (United Kingdom Constitutional Law Blog, 1 January 2014)
Barber N, ‘After the Vote: If Scotland Votes Yes’ (United Kingdom Constitutional Law Blog, 1 January 2014)
Barber N, ‘Can Royal Assent Be Refused on the Advice of the Prime Minister?’ (United Kingdom Constitutional Law Blog, 1 January 2013)
Barber N, ‘The Constitutional Inheritance of the Royal Baby: A Speculation’ (United Kingdom Constitutional Law Blog, 1 January 2013)
Barber N, ‘The Sophick Constitution’ (United Kingdom Constitutional Law Blog, 10 February 2012)
Barber N, ‘Scottish Independence and the Role of the United Kingdom’ (United Kingdom Constitutional Law Blog, 11 January 2012)
Barber N, ‘The Virtues of Advisory Referendums’ (United Kingdom Constitutional Law Group Blog, 1 January 2012)
Barber N, ‘House of Lords Reform: A Look in the Long Grass.’ (United Kingdom Constitutional Law Blog, 1 January 2012)
Barber N, ‘Does China Enjoy Greater Legitimacy Than Any Western State?’ (United Kingdom Constitutional Law Group, 1 January 2012)
Barber N, ‘The Special Advisor Who Wasn’t’ (United Kingdom Constitutional Law Blog, 25 October 2011)
Barber N, ‘A Good Word for the Bill of Rights Commission’ (United Kingdom Constitutional Law Blog, 30 April 2011)
Barber N, ‘The Decline of Mercy’ (United Kingdom Constitutional Law Blog, 13 April 2011)
Barber N, ‘The Constitution of China: A Contextual Analysis’ (2013) 129 Law Quarterly Review 132 (review)
Barber N, ‘Review of The New Separation of Powers’ [2011] Public Law 428 (review)
Barber N, ‘Review of The Sovereignty of Law’ (2008) 68 Cambridge Law Journal 426 (review)
Barber N, ‘Review of The Paradox of Constitutionalism’ (2008) 124 Law Quarterly Review 160 (review)
Barber N, ‘European Constitutionalism Beyond the State’ [2004] Public Law 195 (review)
Barber N, ‘Recrafting the Rule of Law’ (2000) 116 Law Quarterly Review 332 (review)
Barber N and Scott H, ‘State Liability Under Francovich for Decisions of National Courts’ (2004) 121 Law Quarterly Review 403 (case-note)
Barber N, ‘Parliamentary Immunity and Human Rights’ (2003) 119 Law Quarterly Review 557 (case-note)
Barber N, ‘A Question of Taste’ (2003) 118 Law Quarterly Review 230 (case-note)
Barber N, ‘A Right to Privacy?’ [2003] Public Law 602 (case-note)
Barber N, ‘The Doctrine of State Necessity and Revolutionary Legality in Fiji’ (2001) 117 Law Quarterly Review 370 (case-note)
Barber N and Young A, ‘Political Libels in New Zealand’ (2001) 117 Law Quarterly Review 175 (case-note)
Barber N, ‘The Doctrine of State Necessity in Pakistan’ (2000) 116 Law Quarterly Review 332 (case-note)
Barber N, ‘Forms of Public Participation in the United Kingdom’s Legislative Processes (In Chinese Translation)’ (Chinese Academy of The Social Sciences 2009)