The Constitutional Protection of Capitalism
Autor Danny Nicolen Limba Engleză Hardback – 28 ian 2010
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Specificații
ISBN-13: 9781841138596
ISBN-10: 1841138592
Pagini: 220
Dimensiuni: 156 x 234 x 17 mm
Greutate: 0.48 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1841138592
Pagini: 220
Dimensiuni: 156 x 234 x 17 mm
Greutate: 0.48 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Notă biografică
Danny Nicol is Professor of Public Law at the University of Westminster.
Cuprins
1 Transnational Regimes and the Constitution Two Conceptions of Neoliberalism The Idea of a Constitution A Revolution from Above Transnational Constitutionalism as Insurance The Criterion of Democracy The British Model and Contestability The British Model and Relative Ideological Neutrality The British Model and Accountability Limited Democracy: The Triumph of Hayek Transnational Democracy: Hayek's Heirs? Markets as Democracy? British Exceptionalism? Britain, France and the Ratchet Effect The Ambit of the Argument 2 The World Trade Organisation and the Sanctity of Private Enterprise Assessing the WTO Britain and GATT 1947 GATT: Evolving towards Bindingness From GATT to WTO The World Trade Organization WTO: The Dispute Settlement Understanding The Terms of WTO GATT and Related Agreements GATS Public Procurement Subsidies Conclusion 3 The European Union: A Faithful Expression of the Capitalist Ideal? The Original Indeterminacy of the European Project: Article 345 TFEU Resolving the Indeterminacy EU Law as British Constitutional Law The Free Movement of Goods: Control of Imports Cassis de Dijon Goods, Regulation and the Corporate Role in Constitution-Building Standardisation: A Privatisation of Governance? Free Movement Rights versus Social Rights From Free Movement to a European Economic Policy Public Monopolies and Privatisation Article 106 TFEU EU Legislation Public Procurement State Aid Defining State Aid: Article 107(1) TFEU Justifying State Aid: Article 107(3) TFEU State Aid and the Credit Crunch Neoliberalism and the Open Method of Co-ordination Conclusion 4 'The Fundamental Right of the Well-to-Do': Property as a Human Right Human Rights at the Service of Neoliberalism Property and Democracy: Four Possibilities Disagreements over the Right of Property Ownership, 1950-51 Predominant Purpose of the Property Right: The Protection of Existing Entitlements Transforming the Property Right The Concept of 'Fair Balance' 'Fair Balance' Fused with Proportionality Proportionality and Compensation The Elasticity of 'General Principles of International Law' Compliance: The Evolution of Effective Enforcement Conclusion 5 Neoliberalism as the Constitution The Binding of Parliament Dismantling the Teleological State
Recenzii
The Constitutional Protection of Capitalism is a highly welcome and well-written contribution to legal scholarhip concerning some of the more profound issues arising from membership of transnational organisations.[Nicol's] elegant pen and the honest and outspoken writing makes the book difficult to lay down once taken up.The Constitutional Protection of Capitalism provides a distinguished critique of modern day capitalism and makes a welcome addition to legal scholarship. This book should be of interest to all those concerned with constitutional law and transnational governance.
The book's findings are of general interest [and] we cannot but hail the book as an interesting contribution to the study of the consequences of economic integration for democracy, as well as to the growing debate about transnational democracy, to which, highlighting the national point of view, it constitutes a counterpoint.
The book's findings are of general interest [and] we cannot but hail the book as an interesting contribution to the study of the consequences of economic integration for democracy, as well as to the growing debate about transnational democracy, to which, highlighting the national point of view, it constitutes a counterpoint.
Descriere
The book analyses the key provisions of WTO, EU and ECHR law which provide constitutional protection for private enterprise.