Document Type : Article
Authors
1 Ph.D. Student in Public Law, Faculty of Law and Humanities Science, Azad University of Shiraz , Shiraz, Iran
2 Associate Prof, Department of Public and International Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran
3 Assistant Prof , Department of Public and International Law, Faculty of Law and Humanities Science, Azad University of Shiraz , Shiraz, Iran
Abstract
Definition and limitation of state authority are the philosophy of proposing and promoting the Rule of law in order to protect the liberties and rights of citizens. But on the other hand historical events and experiences have led to theories that justify state intervention specially in the economic scope, so far that the rule of law has practically transformed to rule by law. Because of the complex and multiple relations and subjects and dynamism in the market, it is impossible to predict, regulate and make goals for it. In addition, gathering personal information and privacy violation is needed for regulations, also executing these rules is followed by state imposition, which is in conflict with the right of economic liberty. All kinds of liberties are embedded in economic liberty, a factor which pragmatically exists in sensory order and the law that is defined in the philosophy of law and legislation is not efficient for this matter. In fact, the rule of law is one of the most important indexes in the measurement of economic liberty, which contains private property, agreements and contracts and establishing an impartial and independent judicial institution. But legislating in other economic subjects, causes limitations in economic liberty.
Keywords
Main Subjects
English
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