The constitutional position of consumers

Authors

  • Antonio Cidoncha Martín

Keywords:

Consumer, institutional guarantee of the market, consumer freedom, action guideline, mandate to protect consumers, constitutional boundaries

Abstract

The purpose of this work is to extract the basic pieces that identify the constitutional position of consumers. The first of these pieces —what we call negative consumer warranty— is the market as an institution guaranteed by Article 38 of the Constitution. As institutional guarantee, the market provides to consumers as a group a minimum of freedom of contract where there is market.
The second of the pieces —what we call positive consumer warranty— is Article 51 of the Constitution. In the first two paragraphs of this article contains a guideline for action in consumer protection, addressed to all public authorities (each in its fields of competence). Like any guideline, leaves the public authorities freedom on how to realize that defense.
The freedom of public authorities in developing the guidelines of Article 51 of the Constitution is not unlimited. Nor is consumer choice that protects the market. Identify the boundaries in both cases is also purpose of this work.

Issue

Section

ARTICLES