TY - JOUR
T1 - The Law of Monetary Finance under Unconventional Monetary Policy
AU - Bateman, Will
N1 - Publisher Copyright:
© 2021 The Author(s) 2021. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: [email protected].
PY - 2021
Y1 - 2021
N2 - Monetary finance (money creation by central banks to fund public expenditure) is a high-profile part of economic, political and policy debates concerning the legitimacy of central banks in liberal economies and democracies. This article makes a distinctively legal contribution to those debates by analysing the legal frameworks governing monetary finance in three prominent central banking systems between 2008 and 2020: the Federal Reserve System, the Eurosystem and the Bank of England. It begins by explaining the law governing central bank and national treasury relations in the United States, the EU and the UK. It then examines how that law operated under the unconventional monetary policies adopted by central banks in response to the financial crisis and the COVID-19 pandemic. The article concludes by reflecting on the challenges monetary finance presents to the sui generis position of central banks in the liberal constitutional order.
AB - Monetary finance (money creation by central banks to fund public expenditure) is a high-profile part of economic, political and policy debates concerning the legitimacy of central banks in liberal economies and democracies. This article makes a distinctively legal contribution to those debates by analysing the legal frameworks governing monetary finance in three prominent central banking systems between 2008 and 2020: the Federal Reserve System, the Eurosystem and the Bank of England. It begins by explaining the law governing central bank and national treasury relations in the United States, the EU and the UK. It then examines how that law operated under the unconventional monetary policies adopted by central banks in response to the financial crisis and the COVID-19 pandemic. The article concludes by reflecting on the challenges monetary finance presents to the sui generis position of central banks in the liberal constitutional order.
KW - Bank of England
KW - European Central Bank
KW - Federal Reserve System
KW - central banking
KW - monetary policy
KW - quantitative easing
UR - http://www.scopus.com/inward/record.url?scp=85122464992&partnerID=8YFLogxK
U2 - 10.1093/ojls/gqab008
DO - 10.1093/ojls/gqab008
M3 - Article
SN - 0143-6503
VL - 41
SP - 929
EP - 964
JO - Oxford Journal of Legal Studies
JF - Oxford Journal of Legal Studies
IS - 4
ER -