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Economic Constitutionalism in a Turbulent World
This 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 and places the discussion within contemporary theoretical frameworks.
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Critical Acclaim
Contributors
Contents
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This 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.
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.
Critical Acclaim
‘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
– 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
Contributors
Contributors: Andrew Arato, Paul Dermine, Carola Glinski, Gábor Halmai, Karl-Heinz Ladeur, Lisa Mardikian, Csongor István Nagy, Mónika Papp, Ernst-Ulrich Petersmann, Jiří Přibáň, Paul Schiff Berman, Achilles Skordas, Márton Varju, Neil Walker
Contents
Contents:
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
Index
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
Index
