Economic Constitution and Entrepreneurial State

Authors

  • Francisco Zúñiga Urbina Universidad Central

Abstract

Economic Constitution is an "old-new" category of Constitutional Law, old in European dogmatics and new in our "constitutional dogmatics"; since the wrong category of “Economic Public Order” is frequently used, disciplinary taken from Economic Law. The Economic Constitution (EC) is an old category used by Beckerath in 1933 in a tribute to W. Sombart, in the context of the Weimat Economic Constitution, which reflects a "liberal-socialist" ideology, that is, a set of rules fundamental laws that enshrine values ​​and principles that must govern the economic activity of the State and private companies (formal sense); fundamental legal norms that account for a closed or open constitutional ideology linked to the dominant economic system (material sense). The foregoing means building the category of Economic Constitution on the denial of the "ideological neutrality" of the State Constitution, and therefore the search in German dogmatics for categories of "security" or guarantees against progressive or revolutionary ideologies as occurs with the categories of "institutional guarantee" and "institute guarantees". In short, the premise -ideological for the rest- is that the liberal guarantee content of the Constitution of the Rule of Law has a political and economic significance.

Keywords:

Economic constitution, Entrepreneurial state, Constitutional Law