Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-x4r87 Total loading time: 0 Render date: 2024-04-27T14:51:35.333Z Has data issue: false hasContentIssue false

2 - Historical and Theoretical Foundations of Party Autonomy

Published online by Cambridge University Press:  31 July 2018

Alex Mills
Affiliation:
University College London
Get access

Summary

This chapter examines the historical and theoretical foundations of party autonomy. The analysis of the history of party autonomy reveals that it has a distinct background in choice of forum and choice of law, evolving from different sources and justifications. Although arguments related to party autonomy have a long history, these have also long been controversial, and it was only in the twentieth century that party autonomy became widely accepted as a doctrine. There was, however, no single theoretical or doctrinal development which marked the establishment of party autonomy, but rather a gradual evolution. The chapter then examines the theoretical justifications for party autonomy, distinguishing between justifications focusing on the parties and those focusing on public benefits. The former category includes both deontological and consequentialist justifications, while the latter is based solely on a consequentialist approach, often emphasising the role of party autonomy in enhancing regulatory competition. These theoretical justifications largely reinforce each other, but they do suggest different limits to party autonomy. Five particular potential limits are identified, to be explored throughout the book – authenticity, foreseeability, public interests and values, justifiability, and the need for a cross-border element.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×