The Constitutional Protection Of Capitalism
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| Author | : Danny Nicol |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 220 |
| Release | : 2010-01-29 |
| Genre | : Law |
| ISBN | : 1847315593 |
In 1945 a Labour government deployed Britain's national autonomy and parliamentary sovereignty to nationalise key industries and services such as coal, rail, gas and electricity, and to establish a publicly-owned National Health Service. This monograph argues that constitutional constraints stemming from economic and legal globalisation would now preclude such a programme. It contends that whilst no state has ever, or could ever, possess complete freedom of action, nonetheless the rise of the transnational corporation means that national autonomy is now siginificantly restricted. The book focuses in particular on the way in which these economic constraints have been nurtured, reinforced and legitimised by the creation on the part of world leaders of a globalised constitutional law of trade and competition. This has been brought into existence by the adoption of effective enforcement machinery, sometimes embedded within the nation states, sometimes formed at transnational level. With Britain enmeshed in supranational economic and legal structures from which it is difficult to extricate itself, the British polity no longer enjoys the range and freedom of policymaking once open to it. Transnational legal obligations constitute not just law but in effect a de facto supreme law entrenching a predominantly neoliberal political settlement in which the freedom of the individual is identified with the freedom of the market. The book analyses the key provisions of WTO, EU and ECHR law which provide constitutional protection for private enterprise. It dwells on the law of services liberalisation, public monopolies, state aid, public procurement and the fundamental right of property ownership, arguing that the new constitutional order compromises the traditional ideals of British democracy.
| Author | : Sven Beckert |
| Publisher | : Columbia University Press |
| Total Pages | : 473 |
| Release | : 2018-02-06 |
| Genre | : Business & Economics |
| ISBN | : 0231546068 |
The United States has long epitomized capitalism. From its enterprising shopkeepers, wildcat banks, violent slave plantations, huge industrial working class, and raucous commodities trade to its world-spanning multinationals, its massive factories, and the centripetal power of New York in the world of finance, America has come to symbolize capitalism for two centuries and more. But an understanding of the history of American capitalism is as elusive as it is urgent. What does it mean to make capitalism a subject of historical inquiry? What is its potential across multiple disciplines, alongside different methodologies, and in a range of geographic and chronological settings? And how does a focus on capitalism change our understanding of American history? American Capitalism presents a sampling of cutting-edge research from prominent scholars. These broad-minded and rigorous essays venture new angles on finance, debt, and credit; women’s rights; slavery and political economy; the racialization of capitalism; labor beyond industrial wage workers; and the production of knowledge, including the idea of the economy, among other topics. Together, the essays suggest emerging themes in the field: a fascination with capitalism as it is made by political authority, how it is claimed and contested by participants, how it spreads across the globe, and how it can be reconceptualized without being universalized. A major statement for a wide-open field, this book demonstrates the breadth and scope of the work that the history of capitalism can provoke.
| Author | : Randall G. Holcombe |
| Publisher | : Cambridge University Press |
| Total Pages | : 305 |
| Release | : 2018-07-19 |
| Genre | : Political Science |
| ISBN | : 1108596126 |
Problems associated with cronyism, corporatism, and policies that favor the elite over the masses have received increasing attention in recent years. Political Capitalism explains that what people often view as the result of corruption and unethical behavior are symptoms of a distinct system of political economy. The symptoms of political capitalism are often viewed as the result of government intervention in a market economy, or as attributes of a capitalist economy itself. Randall G. Holcombe combines well-established theories in economics and the social sciences to show that political capitalism is not a mixed economy, or government intervention in a market economy, or some intermediate step between capitalism and socialism. After developing the economic theory of political capitalism, Holcombe goes on to explain how changes in political ideology have facilitated the growth of political capitalism, and what can be done to redirect public policy back toward the public interest.
| Author | : Emily Zackin |
| Publisher | : Princeton University Press |
| Total Pages | : 250 |
| Release | : 2013-04-21 |
| Genre | : Law |
| ISBN | : 069115578X |
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
| Author | : Robert A. Goldwin |
| Publisher | : American Enterprise Institute |
| Total Pages | : 188 |
| Release | : 1982 |
| Genre | : Business & Economics |
| ISBN | : 9780844734781 |
"This book is the second in a series in AEI's project 'A decade of study of the Constitution'"--T.p. verso. Includes bibliographical references. American democracy and the acquisitive spirit / Marc F. Plattner -- Class rule under the Constitution / Edward S. Greenberg -- The Constitution and Hamiltonian capitalism / Forrest McDonald -- The Constitution, capitalism, and the need for rationalized regulation / Walter Dean Burnham -- The Constitution and the protection of capitalism / Bernard H. Siegan -- Capitalism or democracy / Robert Lekachman -- The Constitution and the spirit of commerce / Stephen Miller.
| Author | : Julie E. Cohen |
| Publisher | : Oxford University Press |
| Total Pages | : 377 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 0190246693 |
This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.
| Author | : Michael Tigar |
| Publisher | : NYU Press |
| Total Pages | : 351 |
| Release | : 2000-06 |
| Genre | : Law |
| ISBN | : 1583670300 |
Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.
| Author | : Bernard H. Siegan |
| Publisher | : Transaction Publishers |
| Total Pages | : 437 |
| Release | : 2011-12-31 |
| Genre | : Political Science |
| ISBN | : 1412822114 |
In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare—most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason—the necessity—for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.
| Author | : Giovanni De Gregorio |
| Publisher | : Cambridge University Press |
| Total Pages | : 383 |
| Release | : 2022-05-26 |
| Genre | : Law |
| ISBN | : 1316512770 |
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
| Author | : Hannah Arendt |
| Publisher | : Melville House |
| Total Pages | : 120 |
| Release | : 2013-12-03 |
| Genre | : Philosophy |
| ISBN | : 1612193129 |
Arendt was one of the most important thinkers of her time, famous for her idea of "the banality of evil" which continues to provoke debate. This collection provides new and startling insight into Arendt's thoughts about Watergate and the nature of American politics, about totalitarianism and history, and her own experiences as an émigré. Hannah Arendt: The Last Interview and Other Conversations is an extraordinary portrait of one of the twentieth century's boldest and most original thinkers. As well as Arendt's last interview with French journalist Roger Errera, the volume features an important interview from the early 60s with German journalist Gunter Gaus, in which the two discuss Arendt's childhood and her escape from Europe, and a conversation with acclaimed historian of the Nazi period, Joachim Fest, as well as other exchanges. These interviews show Arendt in vigorous intellectual form, taking up the issues of her day with energy and wit. She offers comments on the nature of American politics, on Watergate and the Pentagon Papers, on Israel; remembers her youth and her early experience of anti-Semitism, and then the swift rise of the Hitler; debates questions of state power and discusses her own processes of thinking and writing. Hers is an intelligence that never rests, that demands always of her interlocutors, and her readers, that they think critically. As she puts it in her last interview, just six months before her death at the age of 69, "there are no dangerous thoughts, for the simple reason that thinking itself is such a dangerous enterprise."
