Mestmäcker solved Hayek’s prob­lem by conceiving of the Eu­ro­pean Court of Justice as "the guardian of the EEC Treaty" and the Treaty itself as Hayek’s call to bind the state through "constitutionally guaranteed ­legal princi­ples." The constitutionalists narrated Eu­rope as a realization of Hayek’s vision of a nomocratic society protecting the division between private law beyond the interference of demo­cratic governments alongside the public law of states.

Quinn Slobodian, Globalists, loc. 707