Crítica al concepto de orden público económico

Abstract

This article studies the origin and the national doctrines related to the Economic Public Order, and seeks to determine its contradictions, its uselessness and even its danger as an instrument for the protection of fundamental rights (in this case, economic freedom). There are some national authors who have already pointed it out, and among them, it has been proposed to use the category of Economic Constitution. This article states that when addressing any constitutional problem, the legal categories of the most modern Constitutional Theory and the Theory of Fundamental Rights should be used.