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 investigates the question of economic globalization - whether it is likely to lead to full convergence between political models and ways of life, or whether, even in a completely globalized world economy, there is likely to be scope for alternative solutions. In a fully globalized world, how will we survive capitalism?
Description : This book offers historical and comparative analyses of changes in agrarian society forced by the globalization of capitalism, and the implications of these changes for human welfare globally. The book gives special attention to recent economic development and urbanization in the People s Republic of China which have had a major impact on contemporary transformations globally. Case studies from South and Southeast Asia, Africa and Latin America in turn place these transformations in a comparative global perspective. The contributors include distinguished scholars from the UN, PRC, India, Zimbabwe, and Latin America who are also active in policy issues."
Description : There has been little analysis of the constitutional framework for management of the UK economy, either in constitutional law or regulatory studies. This is in contrast to many other countries where the concept of an 'economic constitution' is well established, as it is in the law of the European Union. Given the extensive role of the state in attempting to resolve recent financial crises in the UK and elsewhere in Europe, it is particularly important to develop such an analysis. This book sets out different meanings of an economic constitution, and applies them to key areas of economic management, including taxation and public borrowing, the management of public spending, (including the Spending Review), monetary policy, financial services regulation, industrial policy (including state shareholdings) and government contracting. It analyses the key institutions involved such as the Treasury and the Bank of England, also including a number of less well-known bodies such as the Office for Budget Responsibility. There is also coverage of the international context in which these institutions operate especially the European Union and the World Trade Organisation. It thus provides an account of the public law applying to economic management in the UK. This book also adopts a critical approach, assessing the degree to which there is coherence in the arrangements for economic management, the degree to which economic policy-making is constrained by constitutional norms, and the degree to which economic management is subject to deliberation and accountability through Parliament, the courts and other institutions.
Description : This book argues that Doctor Who, the world’s longest-running science fiction series often considered to be about distant planets and monsters, is in reality just as much about Britain and Britishness. Danny Nicol explores how the show, through science fiction allegory and metaphor, constructs national identity in an era in which identities are precarious, ambivalent, transient and elusive. It argues that Doctor Who’s projection of Britishness is not merely descriptive but normative—putting forward a vision of what the British ought to be. The book interrogates the substance of Doctor Who’s Britishness in terms of individualism, entrepreneurship, public service, class, gender, race and sexuality. It analyses the show’s response to the pressures on British identity wrought by devolution and separatist currents in Scotland and Wales, globalisation, foreign policy adventures and the unrelenting rise of the transnational corporation.
Description : A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.
Description : Few concerns preoccupy contemporary progressive thought as much as the issue of how to achieve a sustainable human society. The problems impeding this goal include those of how to arrest induced global environmental change (GEC), persistent disagreements about the contribution of economic activities to GEC and further differences in views on how these activities can be reformed in order to reduce the rate of change and thus to mitigate threats to much life on Earth. Reforming Law and Economy for a Sustainable Earth aims to help resolve these problems in two ways. Since addressing GEC will require global coordination, the book first clarifies the conditions necessary to achieve this effectively. Paul Anderson explores these conditions with the aid of a sustained analysis of key concepts in influential disciplines, particularly in social and political theory and law, relating to the transition to a sustainable economy. Second, Anderson tackles the problem of how to arrest GEC by incisively evaluating two leading theoretical positions in terms of their capacity to support the conditions required for effective global coordination. From this basis, the book offers an extensive critique of the idea that global environmental problems can be solved within the framework of global capitalism. It also critically reviews and advances the proposition that global sustainability can be achieved only by changing the capitalist form of organizing the economy. Enriched by a genuinely interdisciplinary approach, the originality of Reforming Law and Economy for a Sustainable Earth lies in the manner it combines a rigorous analysis of the requirements for global sustainability with decisive conclusions as to what are, and what are not, viable means of fulfilling those requirements. The book advances research on sustainability within key disciplines, among them political theory, law and social science, by offering a timely and insightful statement about the global environmental predicament in the 21st century.
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.