Distributive justice as the content of contemporary economic constitutions

Abstract

In recent years, the economic analysis of law has gained relevance in the legal field, manifesting itself in two forms: the primacy of economics and its complicity in legal problems. This analysis must respect the Constitution as the supreme norm that regulates the organization of the State. The Constitution is fundamental for all branches of law, including economic law, and establishes precepts that guide and limit the economic action of the State. These principles are essential for the institutional structure and its long-term implementation. Hence the importance, relevance and topicality of the subject. In Latin America, national constitutions address economic aspects in a variety of ways. Some, such as those of Argentina and Chile, disperse the economic treatment throughout the constitutional text, while others, such as Bolivia and Ecuador, dedicate specific sections to these issues. Commonly, topics such as planning, private property and consumer protection. Distributive justice is concerned with how goods and opportunities are distributed in a society. Given growing inequality, it is crucial to analyze how economic constitutions can promote a more equitable distribution of resources and access to basic services. In line with this, a review of the literature on the topic is presented. The document review methodology was used as an exploratory and analytical technique for the analysis of relevant information.