How to Do Constitutional Law and Economics: A Methodological Proposal
Published in: Thomas Eger/Jochen Bigus/Claus Ott/Georgvon Wangenheim (eds.), Internationalization of the Law and its Economic Analysis, Festschrift für Hans-Bernd Schäfer sum 65. Geburtstag (Wiesbaden: Gabler 2008), pp. 651-665.
13 Pages Posted: 10 Mar 2008 Last revised: 16 Jul 2014
Date Written: 2008
This contribution seeks to provide Law and Economics scholars with a (legal) methodological framework on how to do economic analysis in constitutional law application but it might as well be applied to European or Public International Law where appropriate. It proceeds from the assumption that normative economic analysis of law can for those purposes be reformulated as competing constitutional principles instead of allocative efficiency thus respecting the basic values of a society as codified in a constitution. Once that is accepted, through a procedure of rational balancing, drawing on the theory of Robert Alexy, it becomes possible to integrate rigorous social science in constitutional law application through consequentialist reasoning while respecting the fundamental values of a society.
JEL Classification: K33
Suggested Citation: Suggested Citation