Kivotidis, Dimitrios. 2025. Against Market Constitutionalism: A Needs-based Approach to Rights and the Case for a Socialist Constitutionalism. Jurisprudence, ISSN 2040-3313 [Article] (Forthcoming)

No full text available

Text Kivotidis - Against Market Constitutionalism.pdf - Accepted Version Permissions: Administrator Access Only until 23 July 2026. Available under License Creative Commons Attribution Non-commercial. Download (325kB)

Abstract or Description

In this paper I explore the hypothesis that a conception of right(s) that draws from the notion of needs is crucial for a critique of market constitutionalism. To this end, I review different theories of need, revisit the ‘needs versus rights’ debate and set it in the context of the Marxist critique of rights. Market rationality pits ‘needs’ against ‘rights’ (in the legal field) and favours a narrow conception of ‘need’ (in the field of normative theory). In contrast to this, I propose a rich conception of ‘need’ based on Marx’s critique of capitalism and explore its potential for a materialist conception of right(s). I conclude with a tentative exploration of the constitutional implications of adopting a needs-based approach to rights, in terms of both judicial and political decision-making forms. To develop the above argument, I focus on labour rights - especially the ways in which market rationality has affected the conception and application of labour rights in the European Union and the United Kingdom.

Item Type:	Article
Keywords:	rights, critique of rights, needs, market constitutionalism, economic democracy, socialist constitutionalism
Departments, Centres and Research Units:	Law
Dates:	Date Event 23 January 2025 Accepted
Item ID:	38209
Date Deposited:	24 Jan 2025 12:08
Last Modified:	24 Jan 2025 14:45
Peer Reviewed:	Yes, this version has been peer-reviewed.
URI:	https://research.gold.ac.uk/id/eprint/38209

View statistics for this item...

Edit Record (login required)