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    Adjudicating the market

    Everson, Michelle (2002) Adjudicating the market. European Law Journal 8 (1), pp. 152-171. ISSN 1351-5993.

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    Abstract

    The true governance challenge within Europe remains the resolution of conflict within the Internal Market and the identification of efficacious solutions, to its regulatory and redistributive problems. Absent the legitimising sovereign power once furnished by the national constitutional settlement and without recourse to a pre‐political principle of pluralist self‐limitation, Europe’s law must supply a pluralist and contested internal market polity with authoritative adjudication on the meaning and content of institutions of market governance, including ‘law’ itself. In the endeavour to ‘socialise the market’, or to re‐establish the determinative links between society, politics, and the market place caste asunder by a rationalising process of European economic integration, Europe’s law is seemingly returning—via judicial dialogue between national and European courtrooms—to the ancient legal grammar and semantics of ‘reasonableness’ and ‘equity’. Such an adjudicative return serves: (i) the processing of reasonable pluralism within the market in the light of deliberative values: and (ii), the re‐establishment and maintenance of the law’s factual (non‐natural), logical (internally coherent and impartial) and moral (real‐world) legitimacy.

    Metadata

    Item Type: Article
    School: Birkbeck Schools and Departments > School of Law
    Depositing User: Sarah Hall
    Date Deposited: 03 Dec 2018 12:23
    Last Modified: 03 Dec 2018 12:23
    URI: http://eprints.bbk.ac.uk/id/eprint/25323

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