Journal of Constitutional Law (Nov 2020)
Constitutional Aspects of Economic Competition
Abstract
Article 6 (2) of the Constitution of Georgia recognises free competition as the basis of the economic order in the country. Defining the content of the constitutional clauses regarding economic competition and determining positive and negative obligations of the state deriving from the constitution usually give rise to significant practical and theoretical challenges. Preceding paper aims to establish proper theoretical grounds to overcome abovementioned legal obstacles. Based on the best western experience and scientific approaches, it defines the scope of the state’s positive and negative obligations concerning free competition and competitive equality of undertakings. The paper also examines the teleological grounds of the constitutional provisions regarding free competition and its role in the process of assessment of the constitutionality of a legislative act related to economic competition. Moreover, the study discusses the functions of free competition with respect to freedom of enterprise and consumers’ rights, and it identifies the relevant legal values as well.
