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Authoritarian Liberalism

Alexander Somek*)*)Alexander Somek holds the Charles E. Floete Chair in Law at the University of Iowa. Earlier versions of this article were presented at the Law Department of the London School of Economics and Political Science, the Iowa Legal Studies Workshop and at the Georgetown University Law Centre. The author would like to thank all participants for their feedback.ALJ 2015, 67 Heft 1 v. 21.4.2015

Abstract: In light of the reforms undertaken for the sake of the Euro, the article revisits the concept authoritarian liberalism that was introduced in 1933 by the German public law scholar Hermann Heller. This notion seeks to capture the liaison between the "strong state" and economic liberalism. The article suggests that this notion can be fruitfully used to designate the new governance of economic and monetary union. It argues, particularly, that it makes sense to speak of an authoritarian style of governance even if the latter does not wear vestiges of outright repression. Two different faces of authoritarian liberalism can be distinguished: one that looks more towards authoritarianism and another one that views authoritarian rule as a managerial strategy that is good for the economy. The article then speculates whether the European Union has been, indeed, successful because it shifts between the two. Disturbingly, there may be something deeply as well as more accidentally authoritarian about European integration.

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