The Constitutional Protection of CapitalismIn 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. |
Contents
Transnational Regimes and the Constitution | 1 |
Brasserie du PĂȘcheur and Factortame Joined Cases C4693 and C4893 | 14 |
Commission of the European Communities v Council Case 2270 | 22 |
Copyright | |
19 other sections not shown