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
