The Constitutional protection of capitalism/ Danny Nicol

1 Transnational Regimes and the Constitution Two Conceptions of Neoliberalism The Idea of a Constitution A Revolution from Above Transnational Constitutionalism as Insurance The Criterion of Democracy The British Model and Contestability The British Model and Relative Ideological Neutrality The British Model and Accountability Limited Democracy: The Triumph of Hayek Transnational Democracy: Hayek's Heirs? Markets as Democracy? British Exceptionalism? Britain, France and the Ratchet Effect The Ambit of the Argument

2 The World Trade Organisation and the Sanctity of Private Enterprise Assessing the WTO Britain and GATT 1947 GATT: Evolving towards Bindingness From GATT to WTO The World Trade Organization WTO: The Dispute Settlement Understanding The Terms of WTO GATT and Related Agreements GATS Public Procurement Subsidies Conclusion

3 The European Union: A Faithful Expression of the Capitalist Ideal? The Original Indeterminacy of the European Project: Article 345 TFEU Resolving the Indeterminacy EU Law as British Constitutional Law The Free Movement of Goods: Control of Imports Cassis de Dijon Goods, Regulation and the Corporate Role in Constitution-Building Standardisation: A Privatisation of Governance? Free Movement Rights versus Social Rights From Free Movement to a European Economic Policy Public Monopolies and Privatisation Article 106 TFEU EU Legislation Public Procurement State Aid Defining State Aid: Article 107(1) TFEU Justifying State Aid: Article 107(3) TFEU State Aid and the Credit Crunch Neoliberalism and the Open Method of Co-ordination Conclusion

4 'The Fundamental Right of the Well-to-Do': Property as a Human Right Human Rights at the Service of Neoliberalism Property and Democracy: Four Possibilities Disagreements over the Right of Property Ownership, 1950-51 Predominant Purpose of the Property Right: The Protection of Existing Entitlements Transforming the Property Right The Concept of 'Fair Balance' 'Fair Balance' Fused with Proportionality Proportionality and Compensation The Elasticity of 'General Principles of International Law' Compliance: The Evolution of Effective Enforcement Conclusion 5 Neoliberalism as the Constitution The Binding of Parliament Dismantling the Teleological State