Giacinto della Cananea
Tony Prosser And The Normative Approach To The Study Of The “Economic Constitution”
Although the concept of “economic constitution” is relatively new in legal studies, given that it has been introduced at the beginning of last century’s third decade, it has become an increasingly important concept in legal and economic studies. It could be said, therefore, that there is nothing novel about the choice of this concept for an analysis of the interaction between law and economics (it ought to be stated at the outsed that, for current purposes, in use of these terms there is no reference to the school of thought known as “law and economics”, which has obtained consent but has also met criticism on both sides of the Atlantic). But this would not be true and the first step of this review will be, therefore, to explain the novelty of the approach followed by Professor Prosser. As a second step, this review will focus on the controversial nature of the “economic constitution”, especially after the greatest economic and financial crisis - after that of the 1930’s - hit Europe. Not only the discontents of certain public policies, but also some of the more relevant political and social forces would agree that the economic constitution, particularly with regard to the Economic and Monetary Union, must be substantially revised. Prosser’s book is thus very timely.