Ernst-Joachim Mestmäcker
A vision of European economic constitutionalism
Bibliographic Data
| ID | 23600720 |
|---|---|
| Authors | Christian Joerges (University of Bremen, corresponding author) |
| Year | 2022 |
| Pages | 179-192 |
| Publication date | 2022-10-20 |
| Open Access | No |
| Type | CHAPTER |
| Venue | Oxford Handbook of Ordoliberalism (SOURCE_BOOK) |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/oxfordhb/9780198861201.013.12 |
| OpenAlex | W4307699250 |
| ISBN | 9780198861201 |
| Language | EN |
| References cited | 8 |
Contrary to widely shared perceptions amongst social scientists, Ordoliberalism is essentially a theory of law and society. The core concern of this school of thought is with an ordering of the economy through justiciable legal rules. This ordering is focused on the establishment of markets and the protection of undistorted competition. Economic constitutionalism comprises these ambitions. Elements of this conception were realised in the formative phase of the integration process. The Treaty of Maastricht and Economic and Monetary Union did not, however, consummate this constitutional vision. EU crisis politics have responded to financial and sovereign debt politics outside the rule of law. Instead of legalising these practices, courts should defend the integrity of law by exercising judicial restraint.
Competition (biology) · Constitutionalism · Democracy · Economic and monetary union · Economic policy · Economics · European debt crisis · European integration · European union · Law and economics · Maastricht Treaty · Political science · Politics · Sovereign debt · Sovereignty · Treaty · European and International Law Studies · European Monetary and Fiscal Policies · Law · Law and Political Science
| Highly cited | No |
|---|