Behind the controversies that have marked the history of the idea of Economic Constitution emerges the highly political issue of the room for manoeuvre left to public authorities in the economic sphere. The notion thus encapsulates a fundamental tension: between democracy and rule of law, which model of legal ordering of the economy should prevail?
From physiocrats to neo-liberals, from the Weimar Republic to European integration, from national constitutions to Global Governance, this collective book invites us to explore the genealogy of the controversial concept of Economic Constitution. The result of this interdisciplinary dialogue is a comprehensive reflection on the legal and political issues at stake in the current constitutionalization of the market order in Europe.
An Economic Constitution Neoliberal Lineages
ââThomas Biebricher
Economic Constitution and Authoritarian Liberalism Carl Schmitt and the Idea of a Sound Economy
ââWerner Bonefeld
part 2 The European Economic Constitution From Micro to Macro
section 3
The Microeconomic Constitution of the European Union Fundamental Economic Freedoms and Competition Law
The Fundamental Economic Freedoms Constitutionalizing the Internal Market
ââPieter Van Cleynenbreugel and Xavier Miny
The European Economic Constitution in Crisis A Conservative Transformation?
ââHjalte Lokdam and Michael A. Wilkinson
Discussion The Evolving Economic Constitution of the European Union: Eulogy to Stability?
ââSusanna Cafaro
Discussion The Eurozone Crisis, the Coronavirus Response, and the Limits of European Economic Governance
ââPeter Lindseth and Cristina Fasone
part 3 National Economic Constitutions and Global Governance
section 5
National Economic Constitutions A Legal Analysis
The Idea of an Economic Constitution (Wirtschaftsverfassung) in German Law
ââPeter-Christian Müller-Graff
The United Kingdomâs Economic Constitution
ââTony Prosser
section 6
Global Governance and New (Economic) Constitutionalism Federalism and Competition between Jurisdictions
The Special Financing Law Tax Competition and Fiscal Consolidation at the Heart of Belgiumâs Material Economic Constitution
ââDamien Piron
Discussion Three Dialectics of Global Governance and the Future of New Constitutionalism
ââThibault Biscahie and Stephen Gill
Overall Conclusions
âEconomic Constitutionalism and âThe Politicalâ of âThe Economicâ
ââChristian Joerges
Index of Subjects
Index of Names
Scholars interested in the relationship between law, economics and politics; research institutes and university libraries; legal experts and decision-makers involved in the governance of national and international institutions will find this book of interest.