Social rights constitutionalism through the concept of the economic constitution.

This paper explores the concept of the economic constitution as it was developed in the Weimar Republic by Hugo Sinzheimer and Franz Neumann as a way to democratize the level of economic production by putting an end to the “anarchy” of economic freedom and by providing “the possibility of some form of state and social intervention into the natural course of economic activity, that is, into the condition of economic freedom” (Franz Neumann). Moreover, it shows the complementarity between the Weimar political constitution and its economic constitution.
After this analysis, the paper asks whether we should conceive social rights constitutionalism through the concept of the economic constitution and whether this would be helpful in protecting both the economic/social and the political constitution against the “total market thinking”- as Alain Supiot has put it- that prevails in the EU.