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The liberty of the moderns: Market freedom and democracy within the EU


Taking its cue from Benjamin Constant’s famous comparison of the liberty of the ancients with that of the moderns, this article examines the compatibility of democracy with free markets within the EU. Constant argued that commerce had replaced the political liberty of the ancients with the civil liberties of the moderns. Nevertheless, he contended a degree of political liberty remained necessary to guarantee these civil liberties. The difficulty was whether the political system could operate in the interest of all if modern citizens had ceased to identify with the public interest in the manner of the ancients and preferred to pursue their private interests. Constant believed representative democracy offered a form of political liberty that was compatible with modern liberty. It involved a less demanding view of civic virtue to ancient liberty and a different conception of the public interest as promoting rather than in conflict with private interests. However, for it to operate as Constant expected required certain social and cultural conditions that emerged in European nation states but are not themselves the products of commerce and may even be undermined by it: namely, a national identity; a social contract; and political parties. The EU involves a further deepening of modern commercial liberty beyond the nation state. This article explores three main issues raised by this development. First, have any of the three elements that facilitated the operation of representative democracy within the member states evolved at the EU level? Second, if not, is it possible to create an effective form of representative democracy on a post-national basis as the logical entailment of the liberties of the moderns? Third, if neither of these is possible, can we simply detach modern liberty from political liberty and see social rights as attributes of free movement, and efficient and equitable economic regulations as the products of technocratic governance? All three questions are answered in the negative.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

R. Bellamy 2010. “Democracy without Democracy? Can the EU’s Democratic ‘Outputs’ be Separated from the Democratic ‘Inputs’ Provided by Competitive Parties and Majority Rule?Journal of European Public Policy 17(1):2–19.

R. Bellamy 2008. “Evaluating Union Citizenship: Belonging, Rights and Participation within the EU.” Citizenship Studies, 12(6):597–611.

S. Benhabib 2007. “Twilight of Sovereignty or the Emergence of Cosmopolitan Norms? Rethinking Citizenship in Volatile Times.” Citizenship Studies 11(1):19–36.

T. Christiano 2006. “A Democratic Theory of Territory and Some Puzzles about Global Democracy.” Journal of Social Philosophy 37(1):81–107.

D. Coen and M. Thatcher . 2005. “The New Governance of Markets and Non-Majoritarian Regulators.” Governance 18(3):329–46.

J. Cohen and C. Sabel . 2006. “Extra Rempublicam Nulla Justitia?Philosophy and Public Affairs 34:147–75.

E. O Eriksen . 2009. The Unfinished Democratization of Europe. Oxford: Oxford University Press.

S. Hix and M. Marsh . 2011. “Second-order effects plus pan-European political swings: An analysis of European Parliament elections across time.” Electoral Studies 30(1):4–15.

J. Jennings 2009. “Constant’s Idea of Modern Liberty.” In The Cambridge Companion to Constant, edited by H. Rosenblatt . Cambridge: Cambridge University Press.

D. Kostakopoulou 2008. “The Evolution of European Union Citizenship.” European Political Science 7(3):285–95.

W. Kymlicka 2001. Politics in the Vernacular: Nationalism, Multiculturalism and Citizenship. Oxford: Oxford University Press.

G. Majone 2001. “Nonmajoritarian Institutions and the Limits of Democratic Governance: a Political Transaction Cost Approach.” Journal of Institutional and Theoretical Economics 157(1):57–78.

M. Mann 1987. “Ruling Strategies and Citizenship.” Sociology, 21:339–54.

D. Miller 2009. “Democracy’s Domain.” Philosophy and Public Affairs, 37(3):201–28.

D. Miller 1995. On Nationality. Oxford: Oxford University Press.

A. Moravcsik 2002. “In Defence of the Democratic Deficit: Reassessing Legitimacy in the EU.” Journal of Common Market Studies 40(4):603–24.

C. Offe 2003. “Is There, or Can There Be, a ‘European Society?”’ In Demokratien in Europa, edited by I. Katenhusen and W. Laming , 71–89. Opladen: Leske and Budrich.

A. Sangiovanni 2007. “Global Justice, Reciprocity, and the State.” Philosophy and Public Affairs 35(1):2–39.

C. Shore 2004. “Whither European Citizenship?European Journal of Social Theory 7(1):27–44.

M. Thatcher 2005. “The Third Force? Independent Regulatory Agencies and Elected Politicians in Europe.” Governance 18:347–73.

A. Warleigh 2006. “Making Citizens from the Market? NGOs and the Representation of Interests.” In Making European Citizens: Civic Inclusion in a Transnational Context, edited by R. Bellamy , D. Castiglione and J. Shaw , ch. 6. London: Palgrave.

L. Wenar and B. Milanovic . 2009. “Are Liberal Peoples Peaceful?Journal of Political Philosophy, 17(4):462–86.

S. White 2003. The Civic Minimum. Oxford: Oxford University Press.

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Global Constitutionalism
  • ISSN: 2045-3817
  • EISSN: 2045-3825
  • URL: /core/journals/global-constitutionalism
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