Reinforcing entrepreneurs’ economic rights in the age of digital constitutionalism: legal institutions and judicial challenges

Аннотация

The protection of entrepreneurs’ economic rights is evolving rapidly amid global digital CITATION transformation. This article analyzes how constitutional Nafisa Aslonova. (2025). Reinforcing entrepreneurs’ economic rights in the and judicial systems adapt to emerging digital realities, age of digital constitutionalism: legal institutions and judicial challenges. The American Journal of Political Science Law and Criminology, 7(07), 21– using the case of Uzbekistan as a focal point. It examines 23. https://doi.org/10.37547/tajpslc/Volume07Issue07-04 how foundational constitutional guarantees, legislative initiatives, and judicial practices shape an environment COPYRIGHT conducive to entrepreneurial freedom. Special © 2025 Original content from this work may be used under the terms attention is given to challenges in digital justice, such as of the creative commons attributes 4.0 License. the handling of digital evidence, cross-border disputes, and cyber risks. The article concludes with strategic recommendations for integrating constitutional safeguards with modern legal tools to protect entrepreneurs in the digital economy. Keywords: Entrepreneurship, digital economy, constitutional rights, judicial protection, Uzbekistan, legal reform, digital justice, economic freedom. Introduction: Entrepreneurship represents one of the foundational pillars of modern constitutional democracies. Its vitality hinges on the assurance of strong legal protection, particularly regarding economic rights such as property ownership, contractual freedom, and protection against arbitrary state interference. With the advent of the digital economy, however, new complexities have emerged - posing structural and conceptual challenges to existing legal frameworks. This article investigates how constitutional and judicial institutions adapt to protect entrepreneurs’ rights in the face of digital disruption. Using the example of Uzbekistan - a country undergoing constitutional renewal and rapid digitalization - it considers both normative principles and practical gaps in legal implementation. The paper emphasizes the growing The American Journal of Political Science Law and Criminology 21 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology importance of state institutions, especially the reforms. It serves not just as a procedural tool but as a Parliament and the judiciary, in fostering an reflection of participatory constitutionalism, whereby environment of economic freedom and legal citizens directly engage in shaping economic predictability. governance. The 2023 Constitution of the Republic of Uzbekistan While legislative activity lays the foundation for marks a significant step toward codifying protecting rights, the judiciary enforces them in entrepreneurs’ rights at the highest legal level. Articles practice. Judicial protection is indispensable for 65, 67, and 31 provide foundational guarantees, upholding entrepreneurs’ rights—especially in disputes including the inviolability of private property, freedom with public authorities. However, traditional court of economic activity, and a state obligation to maintain systems often struggle with the demands of digital a favorable investment and business climate. litigation. What makes these guarantees especially relevant Several key challenges emerge: today is their application in a technologically evolving • Digital Evidence and Expertise: Courts society. Article 67, for example, underscores increasingly encounter evidence in the form of entrepreneurs’ right to choose their field of activity, a blockchain logs, encrypted emails, and digital freedom that takes on new meaning in the context of signatures. Properly evaluating such evidence requires e-commerce, fintech, and blockchain-based business technical expertise that many courts lack. models. The state’s role has thus shifted from merely • Cross-Border Jurisdiction: The digital economy creating legal norms to facilitating an environment is inherently transnational. Entrepreneurs operating on where technological innovation does not outpace legal international platforms often find it difficult to resolve protection. disputes due to uncertain jurisdictional rules and In this constitutional context, digital entrepreneurship difficulties enforcing judgments across borders. becomes not only a matter of economic policy but also • Cybersecurity Concerns: Judicial processes a component of human rights. Economic freedom, involving sensitive commercial data are vulnerable to recognized in many modern constitutions, includes the cyber threats. Leaks of proprietary information during right to access digital infrastructure, to secure litigation could cause irreparable damage to businesses. electronic contracts, and to protect digital assets. These elements now require constitutional To address these challenges, countries like Uzbekistan jurisprudence to evolve accordingly. are conside