000			02482nam a22002051c 4500
005			20220507122503.0
008			140929s2010 enk ob 001 0 eng d
020			_a9781472560698
040			_aMAIN
100	1		_aNicol, Danny,
245	1	4	_aThe constitutional protection of capitalism _h[electronic resource] / _cby Danny Nicol.
300			_a1 online resource (xix, 200 pages)
500			_aBloomsbury Pub Ebook
504			_aIncludes bibliographical references and index
520	8		_aIn 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	_aCorporations
650		0	_aLaw and globalization
856	4	0	_uhttps://doi.org/10.5040/9781472560698?locatt=label:secondary_bloomsburyCollections
942			_cEBK
999			_c17403 _d17403