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Between Rules and Discretion: Thoughts on Ordo-liberalism

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  • Jonathan White

Abstract

The paper examines how efforts to design a policy regime governed by rules may lead on the contrary to recurrent and far-reaching political discretion. Where re-orientations of policy are formally excluded, as in the ordo-liberal perspective, unforeseen situations will typically provoke last-minute unconventional actions, whether in the form of temporary exceptions to the existing framework or moves to constitute a new one. In order to preserve the ideal of a rule-governed order, such actions must be cast as extraordinary measures for exceptional times – as the politics of emergency, that is. Whereas modern political thought of various stripes tends to defend constitutional rules as the condition of policy discretion, here one sees the converse scenario of constitutional discretion pursued in the name of policy rules. These themes are elaborated in connection with the ongoing crisis of the European Union.

Suggested Citation

  • Jonathan White, 2017. "Between Rules and Discretion: Thoughts on Ordo-liberalism," LEQS – LSE 'Europe in Question' Discussion Paper Series 126, European Institute, LSE.
    • Handle: RePEc:eiq:eileqs:126
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    References listed on IDEAS

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    1. Chrysafis Iordanoglou & Manos Matsaganis, 2017. "Why Grexit cannot save Greece (but staying in the Euro area might)," LEQS – LSE 'Europe in Question' Discussion Paper Series 123, European Institute, LSE.
    2. Feld, Lars P. & Köhler, Ekkehard A. & Nientiedt, Daniel, 2015. "Ordoliberalism, pragmatism and the eurozone crisis: How the German tradition shaped economic policy in Europe," Freiburg Discussion Papers on Constitutional Economics 15/04, Walter Eucken Institut e.V..
    3. Vanberg, Viktor J., 2004. "The Freiburg School: Walter Eucken and Ordoliberalism," Freiburg Discussion Papers on Constitutional Economics 04/11, Walter Eucken Institut e.V..
    4. David M. Woodruff, 2016. "Governing by Panic," Politics & Society, , vol. 44(1), pages 81-116, March.
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    Cited by:

    1. Niclas Meyer, 2018. "EU break-up? Mapping plausible pathways into alternative futures," LEQS – LSE 'Europe in Question' Discussion Paper Series 136, European Institute, LSE.

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