Book ChapterDOI
Neoliberalism and Law: The Case of the Constitutional Balanced-Budget Amendment
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In this article, the authors discuss the significance of law in neoliberal theory and practice and the role that law plays in the theories of the ordo-and neoliberal thinkers Franz Bohm and Friedrich August von Hayek.Abstract:
This chapter discusses the significance of law in neoliberal theory and practice. Prefaced by a brief look at the role that law plays in the theories of the ordo- and neoliberal thinkers Franz Bohm and Friedrich August von Hayek, the subsequent sections focus on the work of James Buchanan and his brand of neoliberalism, which combines constitutional economics public choice theory. Buchanan’s core demand is a balanced-budget amendment to the constitution. The following sections examine this measure in its various aspects before the final section switches to the world of “actually existing neoliberalism” with a discussion of the various reforms of the economic governance structure of the European Union in recent years, particularly the “Fiscal Compact”, which amounts to the real world equivalent of a balanced-budget amendment.read more
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Journal ArticleDOI
The Limits of Liberty. Between Anarchy and Leviathan.
TL;DR: The Limits of Liberty as mentioned in this paper is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits, the latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy.
Posted Content
Constructions of Neoliberal Reason
TL;DR: Constructions of Neoliberal Reason as discussed by the authors presents a critique of the free-market project, from its origins in the first half of the 20th century through to the recent global economic crisis, from the utopian dreams of Friedrich von Hayek through the dogmatic theories of the Chicago School to the hope and hubris of Obamanomics.
Journal ArticleDOI
Neoliberal taxation regimes and the articulation of sovereign state power
TL;DR: After decades of consistent refusal to curb international tax evasion, the US Biden administration has recently proposed an international scheme for taxing the world's largest transnational companies as discussed by the authors, which is the first step towards tax reform.
Book ChapterDOI
The Financial Crisis as a Crisis of Democracy: Towards Prudential Regulation Through Public Reasoning
TL;DR: The financial crisis challenges our understanding of democracy as discussed by the authors, and it is worth noting that before the crisis there was a widespread conviction that democracies were not only morally superior to authoritarian forms of government, but were also better positioned to deal with severe economic and financial turmoil.
Book ChapterDOI
Public Law’s Rationalization of the Legal Architecture of Money: What Might Legal Analysis of Money Become?
TL;DR: In this paper, the authors argue that many of the ills afflicting democratic capitalism have their source in the current legal architecture of money and finance, and that the reimagination of institutions of money can offer an avenue for reform to democratize the economy and prevent the perpetuation of austerity politics.
References
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Book
The Constitution of Liberty
TL;DR: Hayek's "The Constitution of Liberty" as discussed by the authors is a thorough exposition of a social philosophy which ranges from ethics and anthropology through jurisprudence and the history of ideas to the economics of the modern welfare state.
Book
Governing in Europe: Effective and Democratic?
TL;DR: In this article, the European Contribution Conclusion: Multi-level Problem-Solving in Europe References Index is presented, where the authors propose a solution without boundary control for solving multi-level problem solving in Europe.
Journal ArticleDOI
Toward a theory of the rent-seeking society
Book
Sovereignty: Organized Hypocrisy
TL;DR: This book discusses constitutional structures and new States in the Nineteenth Century, as well as theories of Institutions and International Politics, and concludes that not all states are created equal.
Journal ArticleDOI
Why There is a Democratic Deficit in the EU: A Response to Majone and Moravcsik
Andreas Follesdal,Simon Hix +1 more
TL;DR: The authors argue that a democratic polity requires contestation for political leadership and over policy, which is an essential element of even the 'thinnest' theories of democracy, yet is conspicuously absent in the EU.