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The constitutional protection of capitalism (Record no. 17403)

MARC details
000 -LEADER
fixed length control field 02482nam a22002051c 4500
005 - DATE & TIME
control field 20220507122503.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 140929s2010 enk ob 001 0 eng d
020 ## - ISBN
International Standard Book Number 9781472560698
040 ## - CATALOGING SOURCE
Original cataloging agency NLUO
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Nicol, Danny,
245 14 - TITLE STATEMENT
Title The constitutional protection of capitalism
Medium [electronic resource] /
Statement of responsibility, etc. by Danny Nicol.
300 ## - PHYSICAL DESCRIPTION
Pages 1 online resource (xix, 200 pages)
500 ## - GENERAL NOTE
General note Bloomsbury Pub Ebook
504 ## - BIBLIOGRAPHY, ETC. NOTE
Bibliography, etc Includes bibliographical references and index
520 8# - SUMMARY, ETC.
Summary, etc. 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
650 #0 - SUBJECT
Subject Corporations
650 #0 - SUBJECT
Subject Law and globalization
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier https://doi.org/10.5040/9781472560698?locatt=label:secondary_bloomsburyCollections
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Koha item type E-Book

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