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OverviewThis insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism. Full Product DetailsAuthor: Achilles Skordas , Gábor Halmai , Lisa MardikianPublisher: Edward Elgar Publishing Ltd Imprint: Edward Elgar Publishing Ltd ISBN: 9781789907568ISBN 10: 178990756 Pages: 378 Publication Date: 16 May 2023 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsContents: Introduction to Economic Constitutionalism in a Turbulent World 1 Achilles Skordas, Lisa Mardikian, and Gábor Halmai PART I RETHINKING CORE TENETS OF ECONOMIC CONSTITUTIONALISM 1 Where’s the ‘e’ in constitution? A European puzzle 11 Neil Walker 2 Imaginary of the imperium of prosperity and economic constitutionalism in the EU 38 Jiř’ Přib‡ň 3 Including a cognitive perspective into a vision of ‘transformative constitutionalism’ 64 Karl-Heinz Ladeur PART II ECONOMIC CONSTITUTIONALISM AND ECONOMIC GOVERNANCE IN THE EU 4 Economic constitutionalism, the challenge of populism and the role of the constituent power 87 Andrew Arato and Gábor Halmai 5 The European Court of Justice and the protection of fundamental rights under the new economic governance of the Eurozone 109 Paul Dermine 6 Varieties of Member State capitalisms and the European economic constitution 136 Márton Varju and Mónika Papp 7 Economic constitutionalism and the constitutionalisation of the internal market 161 Csongor István Nagy 8 Reframing EU citizenship as stakeholder constituency, or… why the Court of Justice got it right on economically inactive EU citizens 183 Lisa Mardikian PART III ECONOMIC CONSTITUTIONALISM AND ECONOMIC FREEDOMS IN THE GLOBALISED ECONOMY 9 Can multilevel economic constitutionalism restrain trade protectionism and power politics? 222 Ernst-Ulrich Petersmann 10 Market freedoms and ‘democratically sound’ re-embedding of markets? 250 Carola Glinski 11 Why cosmopolitan pluralist governance need not subvert democracy 281 Paul Schiff Berman 12 International judicial authority, social systems and geoeconomics 298 Achilles Skordas IndexReviews'This book offers a truly comprehensive overview of some of the most fundamental cornerstones of international and European economic constitutionalism. The editors have organized a masterful discussion on the promises and the challenges of the rule-based economic order, offering a powerful lens to make sense of the past and look more clearly into the future.' -- Michael Ioannidis, Max Planck Institute for Comparative Public Law and International Law, Germany, and European Central Bank 'The failure to conceptualise the social function of the economic is an original sin of European legal scholarship which contributed to the takeover of the integration project by a stark neoliberal market utopia. This book is a timely twofold countermove. It defends the constitutional dimension of the economic but then also renews the debate on the legitimacy problematique of economic governance.' -- Christian Joerges, Centre for European Law and Policy, Bremen and Hertie School of Governance, Berlin, Germany ‘Constitutions regulate by what they say, but also by what they do not. Economic constitutionalism is often invisible, and as this volume of essays makes clear, can be utterly consequential. By bringing much needed attention to the phenomenon, the authors collectively have made an important contribution to our understanding of constitutional politics.’ -- Tom Ginsburg, University of Chicago, US ‘This book offers a truly comprehensive overview of some of the most fundamental cornerstones of international and European economic constitutionalism. The editors have organized a masterful discussion on the promises and the challenges of the rule-based economic order, offering a powerful lens to make sense of the past and look more clearly into the future.’ -- Michael Ioannidis, Max Planck Institute for Comparative Public Law and International Law, Germany, and European Central Bank ‘The failure to conceptualise the social function of “the economic” is an original sin of European legal scholarship which contributed to the takeover of the integration project by a stark neoliberal market utopia. This book is a timely twofold countermove. It defends the constitutional dimension of the economic but then also renews the debate on the legitimacy problématique of economic governance.’ -- Christian Joerges, Centre for European Law and Policy, Bremen and Hertie School of Governance, Berlin, Germany 'The failure to conceptualise the social function of the economic is an original sin of European legal scholarship which contributed to the takeover of the integration project by a stark neoliberal market utopia. This book is a timely twofold countermove. It defends the constitutional dimension of the economic but then also renews the debate on the legitimacy problematique of economic governance.' -- Christian Joerges, Centre for European Law and Policy, Bremen and Hertie School of Governance, Berlin, Germany Author InformationEdited by Achilles Skordas, Professor Emeritus, University of Bristol, UK, and Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany, Gábor Halmai, Professor of Comparative Constitutional Law, Law Department, European University Institute, Florence, Italy and Lisa Mardikian, Senior Lecturer in Law, Brunel University London, UK Tab Content 6Author Website:Countries AvailableAll regions |
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