Legal Principles for Creating a Neoliberal State from a Political Point of View Cover Image

Правни принципи за създаване на неолиберална държава от политологична гледна точка
Legal Principles for Creating a Neoliberal State from a Political Point of View

Author(s): Krasimira Decheva
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, History of Law, Political Theory, Politics and law, Philosophy of Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: neoliberal state; legal principle/principles
Summary/Abstract: The subject of this paper is tracing the history of the application of three basic legal principles (national sovereignty, separation of powers and inviolability of property) in the creation of a neoliberal state from a political science perspective. Chronologically, the emergence of the idea of a neoliberal state at the beginning of the 20th century, the formation of the neoliberal doctrine with the creation of the Mont Pelerin society in 1947 and the gradual implementation of neoliberal policies into the constitutions of national states are indicated – first in the Chilean constitution of 1980, followed by the emergence of Thatcherism in Great Britain, Reaganomics in the USA and the spread into the constitutions of European countries at the end of the 20th century through the tools of the New Public Management. Specific examples of legitimizing neoliberal policies through legal principles in constitutions are given. The combination of legal and political science approaches allows for the delineation of mechanisms for reducing state (governmental) governance through neoliberal policies within the framework of the so-called “Washington Consensus” in the current world order of globalization under American hegemony.

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