The ECJ was conceived as guardian of a treaty binding states against democratic interference.

Evidence

Mestmäcker solved Hayek’s prob­lem by conceiving of the Eu­ro­pean Court of Justice as “the guardian of the EEC Treaty” and the Treaty itself as Hayek’s call to bind the state through “constitutionally guaranteed ­legal princi­ples.” The constitutionalists narrated Eu­rope as a realization of Hayek’s vision of a nomocratic society protecting the division between private law beyond the interference of demo­cratic governments alongside the public law of states. — Quinn Slobodian, Globalists, 707

Categorization

  • ADDENDUM: Supports the reader’s core purpose: demonstrates concretely how market rules were juridically insulated from democratic politics.
  • SEED: An essay angle: the ECJ as a deliberately anti-majoritarian institution designed to bind states — tracing the EU’s ‘democratic deficit’ to its founding intellectual lineage.
  • XREF: connects to: The Treaty of Rome became a supranational constitution enforcing market rules beyond democratic reach — Quinn Slobodian, Globalists: The End of Empire and the…, 708

Broader Connections