Download or read book The Constitutional Protection of Capitalism written by Danny Nicol and published by Bloomsbury Publishing. This book was released on 2010-01-29 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book How Capitalistic is the Constitution written by Robert A. Goldwin and published by American Enterprise Institute. This book was released on 1982 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the second in a series in AEI's project 'A decade of study of the Constitution'"--T.p. verso. Includes bibliographical references. American democracy and the acquisitive spirit / Marc F. Plattner -- Class rule under the Constitution / Edward S. Greenberg -- The Constitution and Hamiltonian capitalism / Forrest McDonald -- The Constitution, capitalism, and the need for rationalized regulation / Walter Dean Burnham -- The Constitution and the protection of capitalism / Bernard H. Siegan -- Capitalism or democracy / Robert Lekachman -- The Constitution and the spirit of commerce / Stephen Miller.
Download or read book The Constitution and Capitalism written by Michael Conant and published by . This book was released on 1974 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Capitalism v Democracy written by Timothy K. Kuhner and published by Stanford University Press. This book was released on 2014-06-25 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy. Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.
Download or read book The Economy as a Polity The Political Constitution of Contemporary Capitalism written by Christian Joerges and published by Routledge. This book was released on 2020-09-10 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about so-called economic globalization has reached a new phase. The hegemony of neo-liberal thinking has ended, in the face of both the increased and increasingly effective resistance to the social consequences of neo-liberal market-making - rising inequality and insecurity throughout the world - and the visibly dysfunctional effects of lack of regulation - currency and stock market crashes, among others. Thus, the story about 'the rise and fall of market society', which was first told in these terms by Karl Polanyi sixty years ago, is about to receive a new chapter. In this light, this volume offers a novel perspective on the interaction between states and markets. In contrast to much of current theoretical wisdom, we hold, with Polanyi, that markets cannot even be consistently thought of as self-regulating. Markets are always constituted by framework conditions that cannot be set by the markets themselves. The range and scope of market rules requires some agreement, or at least acceptance, for economic exchange to be working at all; in democratic societies, these rules are at least theoretically always subject to political debate and decision. To put the issue in theoretical terms: even the most pure version of economic liberalism always entails at the same time a political philosophy. This volume, thus, proposes to understand contemporary capitalism by regarding the economy as a polity, as an arrangement that is always constituted by some collective agreements about its mode of operation. Such theoretical position on its own, though, is insufficient to explain the workings of capitalism once and for all. Historical experiences with capitalism have led to transformations that require new angles of analysis. It is in the nature of the struggles over the embedding of markets that their outcomes are subject to historical contingency and cannot be completely known beforehand. Beyond a review of the theoretical tools at hand, therefore, the analysis of the contemporary constellation of capitalism, also requires an understanding of its recent transformations. This is the second task to which this volume is devoted - through analyses of the current state of regulation of labour and money and through investigations of the historical development and novel forms of the mode of embedding markets. While focusing on the renewal of the analysis of contemporary capitalism, the volume also points to fruitful directions of institutional or policy change and provides perspectives for a much-needed political renewal, with a particular focus on the European Union as a novel polity embedding the European economy.
Download or read book Producers Versus Capitalists written by Tony Allan Freyer and published by . This book was released on 1994 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout much of American history the relationship between the Constitution and capitalism has been contentious. Recently, however, consensus has replaced conflict as the framework for understanding capitalism's relationship to constitutional development. Thus the recurrent struggles between producers and capitalists (financiers, speculators, corporations, and the like) over the constitutionality of capitalistic practices have come to be viewed simply as politically manageable tensions within a liberal-capitalist consensus. 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. The first chapter sets out a framework for understanding the social basis of constitutionalism and its policymaking impact between 1800 and 1860. Subsequent chapters employ this framework in the setting of the mid-Atlantic states of Delaware, Maryland, New Jersey, and Pennsylvania. They focus on four principal policy areas: debtor-creditor relations, taxation, eminent domain, and railroad accidents. This mid-Atlantic region is intended to serve as a federal system in miniature, offering opportunities for comparative analysis. By illuminating the interplay between social conflict and constitutional institutions, the book reveals a policy-making process which was dynamic, reflecting a multiplicity of values and supporting diverse producer interests, many of which conflicted with those of corporate and mercantile capitalists. Freyer challenges established historical interpretations not only of social-class conflict but also of the Supreme Court under chief justices John Marshall and Roger B. Taney, with particular regard to states' rights versus federal power and the growth of the Constitution's contract, commerce, and judicial clauses. Thus the book will be of interest not only to political scientists and to judges, lawyers, and professors of law but also to historians and general readers.
Download or read book How Capitalistic is the Constitution written by Marc F. Plattner and published by . This book was released on 1980 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporations and Society written by Warren J. Samuels and published by Praeger. This book was released on 1987-05-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an interesting evaluation of the role of the corporation in American society. The book traces the historical role of the corporation. It discusses the corporation's obligations and influence in the policy-making process of government. Business Library Newsletter The year 1986 marked the 100th anniversary of one of the Supreme Court's most important decisions, in which it unanimously held that a business corporation was a person within the meaning of the Constitution, and thus entitled to constitutional protection. The decision, made almost casually, has had enormous impact on the development of the system of corporate capitalism in the United States. This collection of original essays, written by leading authorities from the fields of economics, law, history and political science, assesses the implications of the Supreme Court ruling from a variety of perspectives. The collected essays provide a thorough evaluation of the role of the corporation, and discusses its obligations, its influence in the policymaking process of government, and its internal structure as a political order.
Download or read book Looking for Rights in All the Wrong Places written by Emily Zackin and published by Princeton University Press. This book was released on 2013-04-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
Download or read book Justice in the United States written by Judith R. Blau and published by Rowman & Littlefield. This book was released on 2006 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: All populations, including people living in the United States experience new vulnerabilities with globalization. Peoples' jobs are threatened; there are pressures to migrate; and environmental degradation is epidemic. Immense wealth is concentrated in the hands of a tiny elite. Other countries have revised their constitutions to protect their citizens from these turbulent forces. The US is a major exception, and this book proposes how Americans might think about constitutional revisions.
Download or read book Political Capitalism written by Randall G. Holcombe and published by Cambridge University Press. This book was released on 2018-07-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problems associated with cronyism, corporatism, and policies that favor the elite over the masses have received increasing attention in recent years. Political Capitalism explains that what people often view as the result of corruption and unethical behavior are symptoms of a distinct system of political economy. The symptoms of political capitalism are often viewed as the result of government intervention in a market economy, or as attributes of a capitalist economy itself. Randall G. Holcombe combines well-established theories in economics and the social sciences to show that political capitalism is not a mixed economy, or government intervention in a market economy, or some intermediate step between capitalism and socialism. After developing the economic theory of political capitalism, Holcombe goes on to explain how changes in political ideology have facilitated the growth of political capitalism, and what can be done to redirect public policy back toward the public interest.
Download or read book Economic Liberties and the Constitution written by Bernard H. Siegan and published by . This book was released on 1980 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare--most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of "Reason "noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason--the necessity--for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the "National Review "wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition "of Economic Liberties and the Constitution "will be essential reading for students of economics, history, public policy, law, and political science.
Download or read book A Liberal Theory of Property written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2021-04-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Download or read book The Constitution of Markets written by Viktor J Vanberg and published by Routledge. This book was released on 2002-09-26 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature and role of competition in markets and politics? This book examines the institutional dimension of markets and the rules and institutions that condition the operation of market economies. Particular attention is paid to the the role of the state, specifically the role of governments in shaping and maintaining the economic constitution of their societies.
Download or read book Between Truth and Power written by Julie E. Cohen and published by Oxford University Press. This book was released on 2019 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.
Download or read book Capitalism and Freedom written by Milton Friedman and published by University of Chicago Press. This book was released on 2020-11-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most significant works of economic theory ever written, from the “outstanding [and] unfailingly enlightening” Milton Friedman (Newsweek). One of Time magazine’s All-Time 100 Best Nonfiction Books One of Times Literary Supplement’s 100 Most Influential Books Since the War One of National Review’s 100 Best Nonfiction Books of the Century One of Intercollegiate Studies Institute’s 50 Best Books of the 20th Century How can we benefit from the promise of government while avoiding the threat it poses to individual freedom? In this classic book, Milton Friedman provides the definitive statement of an immensely influential economic philosophy—one in which competitive capitalism serves as both a device for achieving economic freedom and a necessary condition for political freedom. First published in 1962, Friedman’s Capitalism and Freedom is one of the most significant works of economic theory ever written. Enduring in its eminence and esteem, it has sold nearly a million copies in English, has been translated into eighteen languages, and continues to inform economic thinking and policymaking around the world. This new edition includes prefaces written by Friedman for both the 1982 and 2002 reissues of the book, as well as a new foreword by Binyamin Appelbaum, lead economics writer for the New York Times editorial board.
Download or read book Legal Foundations of Capitalism written by John Rogers Commons and published by New York : The Macmillan. This book was released on 1924 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
