Description : 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.
Description : This book is designed to help bring about the desired transition to liberal democracy in South Africa, particularly as the deliberations about a permanent constitution get under way.
Description : By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.
Description : A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.
Description : Joseph Schumpeter oscillated in his view about the type of economic system that was most conducive to growth. In his 1911 treatise, Schumpeter argued that a more decentralized and turbulent industry structure where the pro cess of creative destruction was triggered by vigorous entrepreneurial ac tivity was the engine of economic growth. But by 1942 Schumpeter had modified his theory, arguing instead that a more centralized and stable industry structure was more conducive to growth. According to Schum peter (1942, p. 132), under the managed economy there was little room for entrepreneurship because, "Innovation itself is being reduced to routine. Technological progress is increasingly becoming the business of teams of trained specialists who turn out what is required to make it work in pre dictable ways" (p. 132). Schumpeter (1942) reversed his earlier view by arguing that the integration of knowledge creation and appropriation be stowed an inherent innovative advantage upon giant corporations, "Since capitalist enterprise, by its very achievements, tends to automize progress, we conclude that it tends to make itself superfluous - to break to pieces under the pressure of its own success.
Description : This study focuses on how antebellum constitutional law and principles responded to and shaped producers' appeals for protection from capitalists' predations. Placing the constitutional system's operation in the context of the nation's profound ideological and social conflicts, Tony A. Freyer suggests that the normative force of constitutional values often enabled pro-producer, protectionist policies to be enacted, despite an emerging corporate and mercantile capitalist consensus.
Description : This book presents an exploratory account of the origins and dynamics of cities. The author recounts how the essential foundations of the urbanization process reside in two interrelated forces. These are the tendency for many different kinds of human activity to gather together to form functional complexes on the landscape, and the multifaceted intra-urban space-sorting crosscurrents set in motion by this primary urge. From these basic points of departure, the city in all its fullness emerges as a reflexive moment in social and economic development. The argument of the book is pursued both in theoretical and in empirical terms, devoting attention to the changing character of urbanization in the capitalist era. A point of particular emphasis concerns the peculiar patterns of resurgent urbanization that are making their historical and geographical appearance in the currently emerging phase of cognitive-cultural capitalism and that are now rapidly diffusing across the globe.
Description : Most American citizens are quick to criticize federal bureaucracy for its size and inefficiency. They assume it has exceeded the intent of our nation's founders; yet men like James Madison and Alexander Hamilton knew that good public administrators were essential to good government.