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How to do Constitutional Law and Economics: A Methodological Proposal

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abstract 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.
   
type book chapter (English)
   
keywords
   
book title Internationalization of the Law and its Economic Analysis
date of appearance 2008
publisher Gabler (Wiesbaden)
series title U. of St. Gallen Law & Economics Working Paper (2008-04)
volume / edition 1
DOI 10.2139/ssrn.1103815
page(s) 651-665
citation van Aaken, A. (2008). How to do Constitutional Law and Economics: A Methodological Proposal. In Internationalization of the Law and its Economic Analysis (pp. 651-665). Wiesbaden: Gabler, DOI:10.2139/ssrn.1103815.