'Economic Constitution' and theory of the material constitution

Abstract

The essay deals with the theme of the economic constitution starting from a complex taxonomic proposal, aimed at distinguishing the multiple uses and meanings of the notion in the light of a brief critical review of the main doctrinal positions. The prospected classification is prodromal to the presentation of an alternative theory, aimed at framing the economic constitution within the ambit of the material constitution (in the sense of Costantino Mortati) as an internal determination of the overall unity of the constitution (so accepting the invitation of Natalino Irti) through the identification of a fundamental political-economic end as a declination of the idea-forza of the material constitution. This theoretical reconstruction thus allows – on the level of positive law – to frame the Italian economic constitution around the goal of full employment (constitutionally relevant objective pursuant to Article 4 of the Constitution), considered as a projection on the economic level of the idea-force of work (placed at the foundation of the Republic pursuant to Article 1 of the Constitution). Correlatively, the constitutional configuration of a finalistically oriented mixed economy emerges, thanks to the enhancement of the valveprinciples referred to in articles 41 et seq. systematically interpreted with the articles 1 and 4 Const. Finally, the chosen analytical key is used to critically analyze the impact of the European integration process on the economic constitution, prospecting problematically a change of material constitution with unchanged formal constitution as a new kind of constitutional transformation