Individual Freedom of Economic Activity, Fair Competition and General Welfare of the Nation (a Jurisprudential Commentary of Article 46 of the Constitution)
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Abstract
The article deals with the comprehensive doctrine of Article 46 of the Constitution based entirely on the jurisprudential postulates as formulated in various rulings of the Constitutional Court of 1993–2005. In each of these rulings, only certain fragments of this doctrine are present, and they have never been brought all together in any ruling of the Court. Article 46 of the Constitution consolidates that Lithuania’s economy shall be based on the right of private ownership and individual freedom of economic activity and initiative; that the State shall support economic efforts and initiatives that are useful to the society; that the State shall regulate economic activity so that it serves the general welfare of the Nation; that the law shall prohibit monopolisation of production and the market and shall protect freedom of fair competition; and that the State shall defend the interests of the consumer. This text is also a jurisprudential commentary of Article 46 of the Constitution which differs essentially from other commentaries prevailing in the Lithuanian legal literature that are usually not based on constitutional jurisprudence.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
