This interdisciplinary collection examines the significance of constitutions in setting the terms and conditions upon which market economies operate.
With some important exceptions, most notably from the tradition of Latin American constitutionalism, scholarship on constitutional law has paid negligible attention to questions of how constitutions relate to economic phenomena. A considerable body of literature has debated the due limits of the exercise of executive and legislative power, and discussions about legitimacy, democracy, and the adjudication of rights (civil and political, and socioeconomic) abound, yet scant attention has been paid by constitutional lawyers to the ways in which constitutions may protect and empower economic actors, and to how constitutions might influence the regulation and governance of specific markets. The contributors to this collection mobilize insights from other disciplines – including economic theory, history, and sociology – and consider the relationship between constitutional frameworks and bodies of law – including property law, criminal law, tax law, financial regulation, and human rights law – to advance understanding of how constitutions relate to markets and to the political economy.
This book’s analysis of the role constitutions play in shaping markets will appeal to scholars and students in law, economics, history, politics, and sociology.
Introduction Anna Chadwick, Eleonora Lozano, Andrés Palacios Lleras, Javier Solana Part 1 – The Constitutional Embeddedness of Markets 1. The Constitutional Disembeddedness of Markets Anna Chadwick 2. Law of Nature, Law of Man: Economic Theories of Constitutions and the Normative Question Beniamino Callegari Part 2 – Markets, Constitutions, and Inequality: Legal Regimes 3. The Law and Political Economy of Health Care in the United States Ximena Benavides 4. Fiscal Sustainability and its Jurisprudential Evolution: the Fraight Dialogue Between the Economy and the Law Eleonora Lozano Rodriguez 5. The Paradoxes of a Progressive Constitution and Neoliberal Food Regime Ramón Fogel, Roni Paredes & Sintya Valdez 6. Protecting Property: Crime Control and Constitutional Organisation of Neoliberal Governance in Colombia Esteban Isaza, Julio C. Montañez & Fernando León Tamayo Arboleda 7. Market Efficiency as a Directive Principle of EU Monetary Policy Javier Solana 8. Rethinking the Historic Models of the Role of Constitutions in Shaping Patterns of Inequality: Iberian Constitutionalism, Common Property, and Colonialism Julia McClure 9. The Three Globalizations of Law and the Constitutional Protection of Property Rights Over Land in Colombia and China Jorge Andrés Contreras Calderón 10. Private Property, Popular Sovereignty, and the Constitutional Foundations of Economic Regulation in the Americas Andrés Palacios Lleras 11. Multinationals, Inequality, and a Competition Law Response: Lessons from the East India Company Amber Darr Afterword: Markets, Constitutions, and Inequality in the 21st Century Andrés Palacios Lleras
Anna Chadwick is Lecturer in International Law and Legal Theory at the University of Glasgow, UK. Eleonora Lozano-Rodríguez is the current Dean of the Law School at Universidad de los Andes in Bogotá, Colombia. Andrés Palacios-Lleras is Principal Professor of Law at the Faculty of Jurisprudence of the Universidad Del Rosario, Colombia. Javier Solana is Senior Lecturer in Commercial Law at the University of Glasgow, UK.
