The Economic Constitution 1st Edition by Tony Prosser ISBN 978-0199644537 0199644535

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Product details: 

ISBN 10: 0199644535

ISBN 13: 978-0199644537

Author: Tony Prosser

There has been little analysis of the constitutional framework for management of the UK economy, either in constitutional law or regulatory studies. This is in contrast to many other countries where the concept of an ‘economic constitution’ is well established, as it is in the law of the European Union. Given the extensive role of the state in attempting to resolve recent financial crises in the UK and elsewhere in Europe, it is particularly important to develop such an analysis.

This book sets out different meanings of an economic constitution, and applies them to key areas of economic management, including taxation and public borrowing, the management of public spending, (including the Spending Review), monetary policy, financial services regulation, industrial policy (including state shareholdings) and government contracting. It analyses the key institutions involved such as the Treasury and the Bank of England, also including a number of less well-known bodies such as the Office for Budget Responsibility. There is also coverage of the international context in which these institutions operate especially the European Union and the World Trade Organisation. It thus provides an account of the public law applying to economic management in the UK.

This book also adopts a critical approach, assessing the degree to which there is coherence in the arrangements for economic management, the degree to which economic policy-making is constrained by constitutional norms, and the degree to which economic management is subject to deliberation and accountability through Parliament, the courts and other institutions.

Table of contents: 

1. Economic Constitutions

Government and economic management

Economic constitutions

The institutional map

The normative approach

2. A Map of the Institutions

The major institutions of economic governance

Arm’s length bodies

Executive agencies and related bodies

Devolved Government

Local government

Scrutiny and accountability: an institutional introduction

Conclusion

3. The International Context

The European Union

The World Trade Organization and GATS

The Council of Europe and the European Convention on

Human Rights

The Organisation for Economic Co-operation and Development

The World Bank and the International Monetary Fund

Conclusion

4. ‘Getting and Spending 1: Taxation and Public Borrowing

Introduction

Taxation

Government borrowing

Conclusions

5. ‘Getting and Spending’ 2: Public Expenditure

Introduction

The Constitution: Parliament

The Constitution: the courts

Planning public expenditure

Audit and scrutiny of spending

Conclusion

6. Monetary Policy and the Bank of England

Introduction

Constitutional Background

The Bank of England and monetary policy

Conclusions

7. The Regulation of Financial Services

Introduction

International regulation

EU regulation of financial services

Financial services regulation in the UK

Conclusions

8. State Aid, Government Shareholdings, and Industrial Policy

Introduction

The EU state aid regime

Public ownership

Government support for industry

Conclusion

9. Government and Contract

Introduction

Constitutional principle

European Union public procurement law

The World Trade Organization and the Agreement on

Government Procurement

Procurement in the UK

The Private Finance Initiative

Defence procurement

Conclusion

10. Conclusion: The Plural Constitution

The economic constitution as a substantive constraint

The economic constitution and institutional coherence

The economic constitution and deliberation

The plural constitution

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