Economic constitutions and political economy: A renewed agenda for Latin American constitutionalism

This paper analyses recent literature produced in Latin America on the topic of the “economic constitution” from a critical political economy perspective. It aims to map trends, ruptures and tensions in discussions about economic constitutionalism. We uncover the concepts of the economic constitution and market social economy present in prevailing liberal approaches to the study of constitutional law in the region. We also map the premises grounding these concepts and unpack their possible roots in American and European legal traditions. Drawing on recent scholarship on law and political economy (the LPE agenda), this paper also offers reflections on how this theoretical and methodological perspective might expand the spectrum of visibility of what it at stake when we talk about the economic constitution. Our aim is to introduce some initial ideas for a preliminary research agenda for the region based on the LPE perspective.