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Business in on the constitutional right to freedom and its limitations and counter-restriction

Author: LiuWenJuan
Tutor: JiaoHongChang
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Freedom to do business Constitutional review standards Reasonable standard of review Function method point of view Review of density
CLC: D921
Type: Master's thesis
Year: 2009
Downloads: 248
Quote: 3
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Abstract

Business the right to freedom of a citizens constitutional rights of citizens to choose what kind of business, as well as operating time, place, manner, etc., should be protected by the Constitution. Despite the variety of business freedom of expression in the constitutions of various countries, but in the countries in constitutional doctrine and judicial practice, business freedom, including not only the freedom to choose what to make a living, but also including the choice of how to perform the business of freedom in these two areas, respectively two phases of the business the freedom of judicial review for these two phases of the business freedom of information legislation, and countries to which it applies the standard of review is somewhat different. The Constitution allows legislative bodies to restrict citizens' freedom of business, but in general, to combine theory and practice of various countries have requested the restrictions must be \principle, the principle of proportionality does not violate the principle of equality. Explore the limitations and counter-restriction of the freedom of business, the key question is whether or not identified to limit the freedom of business legislation unconstitutional standard. In view of the civil law on behalf of the German Constitutional Review experience many scholars have been introduced by the United States perspective, examine the U.S. Supreme Court reviewed the constitutionality of the legislation involved in operating the right to freedom of experience, reflected through the judgment of the Court standard of review, in principle, sort out and analyze U.S. business freedom (and a similar right to economic freedom) standard of review from strict standard of review to a reasonable review of the standard process of change, and the use of the principle of equality, and the cases, judges attitude and its impact on the standard of review made a Brief Review. After we extract and analyze the theory behind the formation of the U.S. Supreme Court standard of review, such as the principle of judicial self-restraint, \comparison analysis, to make further theoretical evaluation and review of the strength of density should be how to determine, has responded to the inevitable problems faced in the legislative review of the facts and the extent of judicial review, to make reasonable suggestions. Through the analysis of the standard of judicial review in the United States, Germany, the other hand, the present situation of China, the freedom of the business of the state of conservation in China, and to make appropriate recommendations for the current situation. Finally, once a hot topic in the field of business free of Dongguan ban pig Order event, according to the aforementioned proposed legislation and reasonable limitation of boundaries, the relationship between the purpose, means and ends and means, and their relative strength of the review should be analysis, interpretation of the findings of the unconstitutional instructions.

Business in on the constitutional right to freedom and its limitations and counter-restriction

Abstract

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