Constitutional controls on freedom of investment
NAFISSA BAKHTI
LAW - LAW - UNIVERSITY OF MASCARA
Abstract
The rules of the constitution are considered the supreme legal rules, they represent the frame of reference in relation to all other legal standards. The idea of the constitution requires that the political authority respect the public rights and freedoms and direct them in their legal organization towards their protection. In most stages of history, public rights and freedoms were wasted, and the notion of the need to provide for rights was not formulated As documents have come to emerge from these efforts and revolutions, they have also become known as rights documents. As a result of the announcement of those documents was the necessity of their incorporation into the constitutional document in all countries. This is why the importance of the constitution cannot be appreciated as a supreme document that organizes and restricts the authority to achieve the public interest of individuals and guarantees rights and freedoms, except that through Realizing the early stages and historical roots of the constitutionalization of public rights and freedoms movement. The explicit devotion to economic freedoms, among them freedom of investment, especially for countries where the economic environment faces challenges and problems in the framework of the adopted economic and social development policies. However, those in charge of the conduct of public affairs, especially in countries that have come under pressure, are regressing the idea of a managed economy, the growing idea of a market economy on the one hand, and to implement international obligations related to the subject of investments on the other hand. We try in detailing this research paper to highlight how the legislator intervened in some Arab countries to embody freedom of investment by activating procedural and substantive laws as a mechanism to ensure legal and judicial protection, and they also analyzed and discussed various issues related to the subject under discussion. The topic of the study was addressed by adopting a division Trio includes 3 axes: The first axis: Embodying the principle of freedom of investment and consecrating it constitutionally The second axis: the legal aspects to establish freedom of investment The third axis: constitutional guarantees established to activate freedom of investment Constitutional recognition of freedom of investment is only an explicit declaration of the principle of freedom of investment, it must be linked to a set of principles that complement it, embodying a kind ofLegal protection for him, such as the principle of legislative stability, the principle of equal treatment with investors, in addition to other guarantees, is an attempt by the legislator to reach the investor’s approach to management and reduce the burdens and administrative complications. As we explained earlier, the constitutional recognition of freedom of investment is not actually materialized except by specifying the guarantees to regulate freedom of investment, otherwise this becomes just a statement by the state on That the text was included in the constitution in the framework of the implementation of the international economic obligations contained in the international agreements to which that country is a party.
Keywords
CONSTITUTION, Freedom to invest, Stimulating investment
