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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Freedom of Trade and Commerce

Gonzalo Villalta Puig

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Commerce and trade — General welfare

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1. The freedom of trade and commerce is a constitutional norm that conceives the sale and purchase of goods and services among or within sovereign states and customs territories as an exchange without government discrimination. As such, it constitutionalizes the political economy of jurisdictions. 2. Economic constitutions (economic constitution) codify this norm either as a right to economic freedom or as a principle of free trade. If the freedom of trade and commerce is in the form of a right, then the right is an individual right of merchants and producers—a...
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