Análisis económico del derecho constitucional:: aplicación de la teoría económica bajo la escuela de la elección pública
The sharp separation between law and economics has been even more evident in the field of constitutional law due to the historic fundamental principle of the concept of State at a given time and the imposing in society of values and principles that are considered minimum for community life and immut...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2009
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3135109 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 23, 2009, pags. 175-190 |
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| Summary: |
The sharp separation between law and economics has been even more evident
in the field of constitutional law due to the historic fundamental principle of
the concept of State at a given time and the imposing in society of values and
principles that are considered minimum for community life and immutable
because they are the foundation of the sovereignty of the people, primary
holder of the constituent power.
Nonetheless, such radical separation of these two sciences has been
overcome thanks to the economic analysis of constitutional law, a discipline
that allows for the analysis of the creation, modification and application of
the norms, using microeconomic processes which could explain in large
manner the differences between theory and reality. This is materialized in
the School of Public Choice which has created several theories related to
the most important problems faced by the State from the perspective of the
structure of Constitutional Law. |
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