ECONOMIC ANALYSIS OF THE ECONOMIC CONSTITUTION AND INSTITUTIONAL INTERPRETATION

The main argument of this article is that the economic constitution is a legal document whose meaning goes through aspects which are beyond the traditional interpretation techniques. This article’s methodological strategy is based on the description of the current economic constitutional landscape and interpretative techniques, in order to make a proposal for the integration of an adequate hermeneutical theory. For this, it is divided in two parts. The first part critically presents the state of the art of the economic constitution theory. Then, the article develops two aspects that should become part of the economic constitution debate. First, the incorporation of the economic reasoning to the legal dogma (law and economics). Secondly, the article argues that interpretation techniques should consider an institutional dimension and the systemic consequences of judicial review of economic regulation