Adjudicating the Market

20 Pages Posted: 19 Mar 2003

See all articles by Michelle Everson

Michelle Everson

University of London - Birkbeck College

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.

Suggested Citation

Everson, Michelle, Adjudicating the Market. European Law Journal, Vol. 8, pp. 152-171, 2002. Available at SSRN: https://ssrn.com/abstract=312495

Michelle Everson (Contact Author)

University of London - Birkbeck College ( email )

Malet Street
London, WC1E 7HX
United Kingdom
+44 (0) 20 7631-6030 (Phone)
+44 (0) 20 7631-6506 (Fax)

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