
The economic constitution is a branch of economics that focuses on the economic analysis of the constitutional law of a governing body and how it influences the economic rights and policies of its citizens. It investigates the economic conditions constructed and constrained within the framework of a state's constitution. The field of constitutional economics was pioneered by James M. Buchanan, who won the Nobel Prize in Economics for his work in 1986. The discipline also draws inspiration from Adam Smith's vision and is distinct from orthodox economics as it focuses on the impact of political-economic decisions.
| Characteristics | Values |
|---|---|
| Economic liberty | Addressed in very few clauses |
| Free trade | Supported by key clauses |
| Private property | May not be violated by the state |
| Economic development | Influenced and impacted by legal frameworks |
| Economic rights | Benefit and restrict citizens |
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What You'll Learn

The US Constitution and economic liberty
The US Constitution outlines the country's foundational laws and principles, and while it may not have a direct focus on economics, it significantly impacts economic liberty and the nation's economic systems.
Constitutional economics is a branch of economics that specifically deals with the economic analysis of a state's constitutional law and its impact on the economic rights and policies of its citizens. It estimates a country's economic growth by examining the limits on individual and business activities imposed by the constitution. The US Constitution, for instance, protects private property rights and personal ownership, which are fundamental economic liberties.
The Commerce Clause, included in the US Constitution, played a pivotal role in creating the world's first modern free trade zone, unifying the states and fostering the rapid growth of the US economy. This free trade zone, established in 1787, allowed the United States to achieve economic unification similar to what much of Europe accomplished with its free trade area in 1994. The Commerce Clause also limited the government's powers over the economy, a feature that distinguishes the economic systems of the United States and the former Soviet Union.
The US Constitution's economic implications extend beyond free trade and property rights. The document's adoption significantly strengthened the national government, enhancing its ability to enforce uniform commercial regulations and address foreign trade relations. This centralization of power improved the financial viability of the federal government, as it gained the authority to tax and settle past debts.
The economic interpretations of the US Constitution have been a subject of debate among scholars. Charles Beard's thesis, for instance, proposed that the Constitution was primarily an economic document rooted in the belief that private property rights supersede government authority. Beard's interpretation has been largely rejected, but it sparked discussions on the economic and political motivations behind the Constitution's creation. Other scholars, like Jonathan Macey, have offered critical analyses of Beard's views, arguing that the separation of powers in the Constitution allowed for the concentration of resources in the hands of a wealthy few.
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Economic factors behind the provisions
Constitutional economics is a branch of economics that analyses how constitutional law influences the economic rights and policies of citizens within a state. It focuses on the economic analysis of the constitutional law of a state and how it impacts economic development.
The economic factors behind the provisions of the US Constitution can be explained by the interests of the Founding Fathers and their constituents. The personal interests of the Founding Fathers played a significant role in drafting the Constitution, and economic and other interests were also important factors during the ratifying conventions. The US Constitution was the world's first modern free trade agreement, which led to the rapid growth of the US economy and its rise as a global power. The economic provisions of the Constitution were designed to protect the rights of private property and personal ownership, and to create a unified market within the states. The central government was given the power to tax and settle federal debts, addressing the financial viability concerns that plagued the federal government under the Articles of Confederation.
The economic provisions of the Constitution were also influenced by the desire to create a limited government with defined powers over the economy. The Commerce Clause, for example, played a crucial role in achieving this unification and promoting economic development. The separation of powers was another important economic factor, which some scholars argue was a means of allowing hegemony of resources in the hands of a few wealthy individuals.
Constitutional economics, as a field of study, provides insight into the economic conditions constructed within the framework of a state's constitution. It offers a unique perspective by focusing on how constitutional rules and economic policies impact the economic rights of citizens. The Russian model of constitutional economics, designed for transitional and developing countries, emphasises the need to bridge the gap between the constitutional rights granted and the economic policies, budget legislation, and administrative policies implemented by the government.
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Constitutional economics
The discipline draws inspiration from Adam Smith's vision, with Buchanan's concept considered a modern counterpart to what Smith called "the science of legislation". Buchanan introduced the concepts of "constitutional citizenship", referring to citizens' compliance with their constitutional rights and obligations, and "constitutional anarchy", referring to actions undertaken without regard for the rules that define the constitutional order.
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Economic analysis of constitutional law
Constitutional economics is a branch of economics that focuses on the economic analysis of a state's constitutional law and the economic rights and policies of its citizens. It is a relatively new field of study, emerging in the 1980s, and is considered distinct from traditional forms of economics. The term was first coined by economist Richard McKenzie in 1982, but it was James M. Buchanan who developed the concept and helped establish it as a sub-discipline within academic economics. Buchanan won the 1986 Nobel Prize in Economics for his work.
Constitutional economics is used to estimate a country or political system's potential for economic growth. This is because a constitution outlines and limits the legal activities of individuals and businesses. The field is particularly useful when applied to developing countries, as it can help to narrow the gap between the practical enforcement of constitutional rights and a government's economic policies.
The discipline draws inspiration from Adam Smith's vision, with Buchanan's concept considered a modern counterpart to Smith's "science of legislation". Buchanan introduced the concepts of "constitutional citizenship", referring to a citizen's compliance with their rights and obligations, and "constitutional anarchy", describing actions undertaken without regard for the rules of the constitutional order.
Constitutional economics can be applied to the US Constitution and its economic clauses. For example, the Commerce Clause supported the world's first modern free trade zone, which led to the rapid growth of the US economy. The US Constitution also contains clauses that protect private property and personal ownership, and limit the government's powers over the economy.
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Economic rights and policies of citizens
Constitutional economics is a branch of economics that focuses on the economic analysis of the constitutional law of a state. It investigates the economic conditions constructed and constrained within the framework of a state's constitution. It is used to estimate a country's or political system's economic growth, as a constitution limits the activities of individuals and businesses.
The field of constitutional economics is viewed as differing from traditional forms of economics because it focuses on how the constitutional rules and economic policies of a state benefit and restrict the economic rights of its citizens. For example, the US Constitution has clauses that support free trade and prevent the state from violating private, personal property.
The discipline was pioneered by James M. Buchanan, who won the 1986 Nobel Prize in Economics for his work "developing the contractual and constitutional bases for the theory of economic and political decision-making". Buchanan introduced the concepts of "constitutional citizenship" and "constitutional anarchy". The former refers to compliance with constitutional rights and obligations, while the latter describes actions undertaken without regard for the rules that define the constitutional order.
The Russian model of constitutional economics focuses on the concept of the constitution of a state and aims to narrow the gap between the practical enforcement of economic, social, and political rights granted by the constitution and the economic policy, budget legislation, and administrative policies conducted by the government.
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