La interpretación jurisprudencial restrictiva de la iniciativa pública en la economía como mecanismo constitucional

Public initiative in economic activities is one of the main constitutionally designed instruments of direct intervention in the economy. Its implementation by public authorities allows the development of socializing economic policies, which are legally valid based on the openness and flexibility of our economic Constitution. However, the constitutional and ordinary case-law has developed a more restrictive interpretation of public initiative than the one that could reasonably be deduced from the Constitution. In this paper, we analyze that precedent in order to identify its foundations, the main constitutional problems it raises, and suggest some proposals for change meant to strengthen the weakened value of political pluralism.