Andrews, Neil (2007) Putting the Politics Back into Corporate Law: A Review of Stephen Bottomley's The Constitutional Corporation: Rethinking Corporate Governance. Australian journal of corporate law, 21 (2). pp. 161-172. ISSN 1037-4124

Abstract

Bottomley’s The Constitutional Corporation is a major challenge to prevailing economic and contractual analyses of the listed company. It demonstrates how corporate law and governance is explicable in terms of the constitutionalism in democratic states.The key features of this constitutionalism are accountability, deliberative decision-making and contestability. Significant principles of corporate law and governance are traced against each of these three processes. In the corporate context, as in political systems, they have the potential to supplement deficiencies in each other. Bottomley has provided a richly interpretative metaphor for further exploration. Its potential extends beyond the corporation into re-examining the relationship between politics in the corporation and politics in the state, between corporate governance and public government.

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