Regulatory functions of economic law

The course will seek to elaborate a notion of economic law that not only provides critical yardsticks for the analysis of the failure of legal structures to frame national, European and transnational economic governance with democratic legitimacy, but which also provides constructive perspectives for the legitimate design of transnational rule. The approach is reconstructive and comparative.

It will in the first section depart from a conceptual history of national traditions of economic law mainly in Germany and the UK with excursions into France and the US, examining how various traditions have captured the political dimensions of the economy and sought frameworks for its legitimate ordering which sought  to synthesis economic rationality and social justice. It will in a second section proceed to analyses of neoliberal reconfigurations of that interdependent economic and social ordering first within national politics and then in the operation of the European integration project. The third section will deal with the crisis-driven transformation of the European constitutional constellation, in which neoliberal market governance has been replaced by technocratic rule. The concluding section will discuss the sustainability of this new constellation and current efforts to restore a European social model and transnational law-mediated legitimacy.

This course is for 2nd year MIA and MPP students only.