Fair Market Constitutionalism: From Neo-liberal to Democratic Liberal Economic Governance.

The article focuses on the concept of "fair market constitutionalism," a democratic liberal approach to constitutional design that seeks to reformulate liberal ideals in response to the crises of neo-liberalism highlighted by COVID-19. This approach advocates for state commitments to guarantee universal access to a social minimum of core goods, ensure equality of access to certain relative goods, regulate market and monopoly power, and internalize negative externalities of private market behavior. It proposes a constitutional model characterized by weak—but more than nominal—property and social rights protections, balancing individual freedoms with positive state action to promote dignity, equality, and democracy. The article contrasts this model with neo-liberalism (strong property rights, minimal social rights) and democratic socialism (strong social rights, weak property rights), illustrating its relevance through comparative constitutional examples and emphasizing the interplay between fair political markets and economic regulation.