Consequences of the adoption of a constitutional economic regime

Unlike the countries that have assumed the thesis of economic neutrality of the Constitution, in Latin America, mixed economic regimes have been adopted, which combine free-market elements with state intervention in the economy. Not in all countries this has implied an express recognition, but has often occurred as a result of systematic interpretation of constitutional provisions.

The purpose of this presentation will be to inquire about the consequences for the constitutional interpretation of adopting an economic regime in the Constitution. In particular, we will address two problems around this issue: a) the value for the interpretation of an economic regime, as a fundamental decision of the constituent; and, b) the incorporation of elements not present in the text to the constitutional parameter.

For these purposes, we will take as a case study the understanding of the principle of subsidiarity in the Peruvian Constitution.