Quantitative Restrictions on the Principle of Freedom of Trade in the light of the Laws and Verdicts of the General Assembly of the Administrative Justice Court

دانشنامه حقوق اقتصادی

Volume 29, Issue 22, February 2023, Pages 111-71   

Document Type: Scientific research

DOI: 10.22067/economlaw.2023.76924.1182

Authors

Zahra Alborzi^{* 1}; Mohammad Emami²; Seyed Mojtaba Vaezi³

¹Law and Political Science Faculty, Shiraz University, Shiraz, Iran

²Professor of Public Law group, Law and Political Science Faculty, Shiraz University, Shiraz, Iran

³Associate Professor of Public Law group, Law and Political Science Faculty, Shiraz University, Shiraz, Iran

Abstract

Today, the concept of economic freedom as one of the necessary conditions for achieving sustainable growth and development has particular importance, so understanding the concept and components of the subject, as well as the limitations and obstacles imposed on it, are essential for any legal system to achieve economic growth and prosperity by reducing or eliminating barriers. Therefore, in the present article, the quantitative limitations of the principle of freedom of trade as one of the components of economic freedom are explained by descriptive-analytical method, and the approach of the Iranian legal system was examined through scrutiny of laws, regulations and annulments of the General Assembly. The result is that the Constitution and related ordinary laws, such as the Article 44 General Policy Implementation Law, the Development Plan Law, the Export and Import Law, and the Customs Law, have been legislated in order to support the development of foreign trade, facilitate the processes of the licenses, reduced customs formalities and also the removal of non-tariff barriers. Contrary to the legislative approach, the executive sometimes creates or expands trade restrictions and prohibitions through regulation, but The Administrative Justice Court, as the body that oversees government approvals, relies on the rule of law, often with a narrow interpretation of the legal restrictions and citing to general legal principles such as the acquired right have protected the freedoms of individuals.

Keywords

economic freedom; freedom of trade; quantitative restrictions; Administrative Justice Court

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