How to do Constitutional Law and Economics: A Methodological Proposal
Series
Gabler Edition Wissenschaft
ISBN
978-3-8350-0877-9
Type
book section
Date Issued
2008
Author(s)
Editor(s)
Eger, Thomas
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.
Language
English
HSG Classification
not classified
Refereed
No
Book title
Internationalization of the Law and its Economic Analysis
Publisher
Gabler
Publisher place
Wiesbaden
Start page
651
End page
665
Pages
15
Subject(s)
Division(s)
Eprints ID
45349