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Abstract

Although recognition of the concept of economic law as a basis for classification in relation to the United Kingdom legal systems has been mooted the concept remains largely unrecognised. Against this background our objectives in this thesis are to systematise the development of economic law in the United Kingdom between 1919 and 1964 and to contribute towards the study of the wider relationships between law and economic policy through the provision of an explanation of its emergence and development. In the fulfillment of the latter purpose our focus is on the relationship between economic circumstances and political perspectives. This focus has two aspects: firstly the depiction of the background of economic circumstances and economic policies to the enactment of ‘economic legislation and secondly, as a guard against the uncritical acceptance of profferred explanations, the formulation and testing of specific hypotheses as explanations of
particular enactments.

We conclude that although the development of the economy ray be traced in terms of economic law, economic law itself cannot be explained solely in terms of economic circumstances or political perspectives but that account must be taken rather of both in its explanation. In relation to the level and area of intervention in the economy we identify in addition to the perspectives of political parties and governments those of industry as crucial. The role of political perspectives is not, however, confined to determining what governments do but also extends to the way in which it is done. During the period covered by the present research this is reflected in the emphasis placed on short-term factors and on proceeding by agreement which we argue has led to a distinctive pattern of reactive, consensual and incremental statutory development. Finally we argue that the form and content of economic legislation cannot be explained apart from the administrative and drafting experience derived from preceding enactments. This combination of political perspectives, administrative and drafting experience we suggest may be termed the legislative perspective of a government.

Publication Type:	Thesis (Doctoral)
Subjects:	J Political Science > JC Political theory K Law > K Law (General)
Departments:	School of Policy & Global Affairs > Department of Economics School of Policy & Global Affairs > School of Policy & Global Affairs Doctoral Theses Doctoral Theses

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