Mercado y libre competencia en la constitución colombiana
This article presents, with a deductive methodology, an analysis of free economic competition from the perspective of constitutional law and a description of the fundamental characteristics of the market, as an institution in which freedoms and rights of economic content are developed. It presents,...
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Main Authors: | , |
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Format: | Article |
Language: | Spanish |
Published: |
2023
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8982576 |
Source: | Revista Jurídica Mario Alario D'Filippo, ISSN 2256-2796, Vol. 15, Nº. 29, 2023, pags. 52-67 |
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Summary: |
This article presents, with a deductive methodology, an analysis of free economic competition from the perspective of constitutional law and a description of the fundamental characteristics of the market, as an institution in which freedoms and rights of economic content are developed. It presents, in the first place, a conceptual distinction between economic competition, as a requirement for the development of said freedoms, and free competition, as a principle and collective right -in the Colombian case-. Subsequently, it describes the importance of these two freedoms for the exercise of the free development of the personality linked to the improvement of the citizens' life plan. This circumstance requires the existence of a regulatory framework that protects free competition, a series of solid and independent institutions in charge of promoting and protecting it, and a series of positive actions by the State that are visible, mostly, in intervention, supervision, and regulation scenarios. Finally, the main characteristics that the market registers as a fundamental institution for the exercise of economic freedoms are described. |
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