El Gobierno, la Constitución y el orden económico, con particular referencia al marco constitucional uruguayo

Abstract

The paper introduces the question of how much the Economics’ influences on the application of constitutional rules and on the constitutionality control. The link between the Government, the Constitution and the Economic Order is analyzed from two particular perspectives. On the one hand, it seeks to unravel the extent to which the economic mandate affects compliance –or non-compliance– by the Government with constitutional norms. On the other hand, it studies the implication of the financial matters in the constitutionality control of legislative acts. For this, and starting from the provisions of the Uruguayan Constitution with economic content, the paper develops the concept of public economic order and contrasts it with the main arguments invoked by the Government in this area: the principle of equilibrium in national budget and the cost-benefit analysis. In addition, it is questioned whether such grounds are also found in constitutional decision, in particular, of the Uruguayan Supreme Court of Justice, and which effects has it on the application of the Constitution and on the effectiveness of fundamental rights.