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
- The Treaty of Rome became a supranational constitution enforcing market rules beyond democratic reach
#corroborates(0.85) — Quinn Slobodian, Globalists, 708