Die Wirtschaftsfreiheit als Grundlage der Wirtschaftsverfassung

The present text provides a comprehensive overview of economic freedom. It discusses the fundamental right (Art. 27 BV) and the principle (Art. 94 para. 1 BV) separately. Based on constitutional doctrine, it examines their position, function, and the different dimensions. Using economic theory, it attempts to systematize and differentiate between principle-compliant and principle-violating measures. For this purpose, methodological considerations are undertaken in advance. Additionally, the economic policy instruments of the state are examined for their compatibility with the fundamental right and the principle of economic freedom. Finally, it analyzes the requirements for justifying restrictions on the fundamental right of economic freedom.