Public law and the economy: A comparative view from the German perspective

Since the entry into force of the Grundgesetz (GG). the Federal Republic of Germany's constitutional law in the economic field oscillates around the idea of Soziale Marktwirtschaft (social market economy), which the GG does not explicitly include but which finds its way into the economic consti...

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Bibliographic Details
Published in:International journal of constitutional law 2013-10, Vol.11 (4), p.925-939
Main Author: Ruffert, Matthias
Format: Article
Language:English
Subjects:
Administrative Law
Constitution
Constitutional law
Constitutions
Economic rights
Europe
European Union
Federal Republic of Germany
Germans
Germany
International Law
Law
Market Economy
Markets
Public law
Regulation
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Summary:Since the entry into force of the Grundgesetz (GG). the Federal Republic of Germany's constitutional law in the economic field oscillates around the idea of Soziale Marktwirtschaft (social market economy), which the GG does not explicitly include but which finds its way into the economic constitution via fundamental economic rights. Beneath constitutional theory, it is the concept of regulation that has been introduced into German administrative law in a differentiated and interesting process of legal 'importation' using European Union law as a means of transmission. Regulation in this sense poses great challenges at both the constitutional and administrative levels concerning basic theoretical and practical issues. Furthermore, its internal and external limits lead to the question of how to address the ever growing plea for a return of state activity to the economy. Adapted from the source document.
ISSN:1474-2640
1474-2659
DOI:10.1093/icon/mot044