La protection de la liberté du commerce au sein de la Constitution britannique

Abstract

The British Constitution is characterized by a lack of formalization and by multiple sources. Nevertheless, it implements an effective protection of rights and freedoms. In the United Kingdom, the protection of the freedom of trade exemplifies the relationship not only between public authorities and individuals, but also between the legal sources which shape the constitutional order. The freedom of trade, protected by the common law, reflects the application of the constitutional principle of the Rule of Law, which limits the exercise of power and defends individuals against unjustified or irrational violations. However, other features of the British Constitution – the sovereignty of Parliament, yet limited by EU and international law, and judicial review of reasonableness of violations – relativize that protection.