The principle of non arbitrary discrimination in the economic public order of the Chilean constitution
DOI:
https://doi.org/10.4013/rechtd.2013.52.03Abstract
The article analyzes the principle of non-discrimination in the economic order from the perspective of the Chilean constitution. For this purpose, it discusses the potentiality of the State in establishing restrictions or regulations on individuals in economic matters, provided this does not affect the prohibition of arbitrary discrimination. It briefly proposes a concept of “non-discrimination” and reviews the topic of economic freedom and its limits, the principle of equality before the law, the principle of non-discrimination, and the concept of proportionality that should guide the actions of the State, when, for the sake of the common good, it becomes necessary to establish certain limits.
Key words: economic Constitution, non-discrimination, proportionality.
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