Economic Constitutionalism: Statement of the Problem

Abstract

The article clarifies the essence of economic constitutionalism (constitutional economics) as an interdisciplinary doctrine. It is argued that economic constitutionalism (or constitutional economics) is the name of an interdisciplinary scientific field on the border of economics and constitutional law. In essence, economic constitutionalism is a special section of constitutionalism in general, which focuses on economics, property, the combination of private law and public law principles in the constitutional text, the theory of legitimate expectations, the economic nature of human rights and other constitutional legal objects regulation, ensuring de facto equality and establishing the limits of interference with economic freedom, financial and budgetary issues, the economic consequences of the concept of the welfare state and social human rights, etc. It is proved that economic constitutionalism is a promising interdisciplinary direction that integrates politics, constitutional law and economics. The importance of researching the economic nature of basic public and state constitutional institutions is beyond doubt. Similarly, the impact of relevant institutions, on the other hand, especially in the transition and transformation stages of development is enormous. The following main directions can be identified for further research on economic constitutionalism (constitutional economics), namely: consideration of law and the constitution as a manifestation of self-regulation; the role of property institutions, market economy, capitalism to ensure freedom; the need to ensure equality in order to implement rational choices, the interplay of democracy and social rights; the link between democratic transit and a market economy, exploring ways to grow and overcome poverty. The practice of interpretation of the constitution by the body of constitutional jurisdiction plays a significant role in economic constitutionalism. Analysis of the experience of the Ukrainian Constitutional Court in this aspect so far leads to the conclusion that its positions are inconsistent and, unfortunately, insufficient role in the constitutional economy (in terms of potential positive impact).