Concepts of economic freedoms in China and the EU: a methodical approach
- PDF / 170,370 Bytes
- 9 Pages / 439.37 x 666.142 pts Page_size
- 13 Downloads / 168 Views
Concepts of economic freedoms in China and the EU: a methodical approach Roland Broemel • Libin Xie
Published online: 19 December 2014 Ó China-EU School of Law 2014
Abstract The constitutional framework of economic activities in China and the EU largely depend on their respective legal, economic and institutional context. This comparative research analyses specific fields, which point out the respective structures of protection. It is on this basis that the comparison reveals the methodical approach in which broad constitutional terms are concretized. In doing so, the comparsion depicts the functioning of underlying legal concepts and deduces approaches to frame economic activities by law. Keywords Legal concepts Legal method Property Professional freedom Constitutional protection of economic activities Basic rights can affect the regulatory framework of economic activities. However, there is no right in existence in any jurisdiction that safeguards unrestricted market activities or guarantees market success. Especially The scope of constitutional protection is particularly unclear with regards to detriments or handicaps that are indirectly caused by sovereign interference, or changes to the regulatory framework. On the one hand, basic rights are restricted to particular aspects of market activities. On the other hand, the assessment of public interventions that affect market players indirectly without imposing specific measures depends on ambiguous criteria. Additionally, the scope of rights that are conferred by a national constitution depends on the respective context. This particularly applies to the protection of property, a position formed by national law. The scope of the constitutional R. Broemel (&) Faculty of Law, University of Hamburg, Rothenbaumchaussee 33, 20148 Hamburg, Germany e-mail: [email protected] L. Xie Chinesisch-Deutsches Institut fu¨r Rechtswissenschaft, China University of Political Science and Law, Xituchenglu 25, Haidian District, Beijing 100088, China e-mail: [email protected]
123
2
R. Broemel, L. Xie
protection of property in different jurisdictions may also vary since the design of certain legal concepts differs, for example when it comes to public licences or permissions. Furthermore, national regulatory regimes influence the protection of economic activities provided by other basic rights. However, there are structural similarities in the method and scope or protection. In particular, the methodical approach that describes the design and the conditions of constitutional rights displays some similarities on a certain level of abstraction. Therefore, the comparison of connected aspects from different perspectives develops and contrasts underlying structures. The contrasting perspectives show how the legal conception of constitutional rights and its implementation depends on the regulatory structure of the field in question. For this reason a comparison of the Chinese and European perspective, focussing on the contextual differences, provides a deeper insight
Data Loading...
