Victory of the Economy over Democracy and the Constitutional State

“The person exists as an end-in-him/herself and not merely as a means… On the other hand, the principle of the worldwide market economy is based on treating persons and their needs as means to the end of profit realization… The belief in the self-healing powers of the market has greatly lost persuasiveness…

The condemnation of states to compensations to international corporations whose profit chances were denied ont he basis of investment protection agreements represents a questioning of democratic rule and not only a turning away from the traditional dogmatics of property protection. Such a strain of state budgets obviously limits the possibilities of constitutional organs for creative interventions in the economy…”

Martin Kutscha is a professor of public and administrative law in Berlin.

to read his article “Victory of the Economy over Democracy and the Constitutional State” published in October 2014, click on



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