The former student of MUDEJ and collaborator of the MedArb Group, Professor Dr. José Luis Guerrero Becar has published the book "La Constitución económica chilena". The book aims to study the rules of economic connotation of the Chilean Constitution of 1980.
25 april 2018
The economic rules of this constitution have not been reformed since its promulgation, despite the fact that more than three decades have passed since its promulgation, and that it was in force under dictatorship and democracy. In this context, it is argued that the legal analysis of these norms cannot ignore the historical, political and economic context prior to the drafting of the Constitution, as well as its subsequent evolution both under the military regime and in democracy.
The Chilean economic Constitution is analyzed from a historical, legal and economic perspective, incorporating in this analysis the economic purpose pursued by the constitutional norms. In Chilean law, the notion of an economic constitution is often confused with that of an economic public order, which is why this work offers a proposal for a distinction between the two notions, so as to concentrate on the analysis of the constitutional rules of economic connotation.
"The Chilean Economic Constitution" analyses, from a historical, legal and economic perspective, the purpose of constitutional rules of an economic nature
To this end, the Chilean configuration of fundamental rights is analyzed, given that property and freedom of enterprise, basic parameters of one of the economic systems, are considered as such under a single article (art. 19 CPR) that brings together the fundamental rights of different generations. It also analyses the rules governing the role of the State in the economy and the jurisdictional, budgetary and monetary controls.
This allows us to test the economic purposes that the economic-constitutional norms would seek; the existence or not of certain economic systems and models implicit or explicit in the Fundamental Text and the recognition or preeminence of some economic policy over others under the Chilean Constitution of 1980.
The book also includes jurisprudence and doctrine on the rules of the Chilean economic constitution, culminating with some proposals for reform, in an attempt to contribute to the debate that takes place around our Constitution.
Professor José Luis Guerrero Becar is a lawyer from the Pontificia Universidad Católica de Valparaíso (PUCV), Inter-University Master in Business Administration and Management (MBA) from the Universities of Barcelona, Barcelona, Barcelona and Catalonia Polytechnic (Spain), Master in Law and Doctor in Law from the University of Valencia (Spain). He is a former Director of the PUCV Law School (2007-2016) and is currently Professor (Professor) of Economic Law and Director of the Master's Degree in Law at the Pontificia Universidad Católica de Valparaíso-Chile.
