The American Journal of Political Science Law and Criminology
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TYPE
Original Research
PAGE NO.
21-23
10.37547/tajpslc/Volume07Issue07-04
OPEN ACCESS
SUBMITED
10 May 2025
ACCEPTED
06 June 2025
PUBLISHED
08 July 2025
VOLUME
Vol.07 Issue07 2025
CITATION
Nafisa Aslonova. (2025). Reinforcing entrepreneurs’ economic rights in the
age of digital constitutionalism: legal institutions and judicial challenges.
The American Journal of Political Science Law and Criminology, 7(07), 21
–
https://doi.org/10.37547/tajpslc/Volume07Issue07-04
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Reinforcing entrepreneurs’
economic rights in the age
of digital constitutionalism:
legal institutions and
judicial challenges
Nafisa Aslonova
PhD student of the Institute of Legislation and Legal Policy under the
President of the Republic of Uzbekistan
Abstract:
The protection of entrepreneurs’ economic
rights is evolving rapidly amid global digital
transformation. This article analyzes how constitutional
and judicial systems adapt to emerging digital realities,
using the case of Uzbekistan as a focal point. It examines
how foundational constitutional guarantees, legislative
initiatives, and judicial practices shape an environment
conducive to entrepreneurial freedom. Special
attention is given to challenges in digital justice, such as
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
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The American Journal of Political Science Law and Criminology
importance of state institutions, especially the
Parliament and the judiciary, in fostering an
environment of economic freedom and legal
predictability.
The 2023 Constitution of the Republic of Uzbekistan
marks
a
significant
step
toward
codifying
entrepreneurs’ rights at the highest legal level. Articles
65, 67, and 31 provide foundational guarantees,
including the inviolability of private property, freedom
of economic activity, and a state obligation to maintain
a favorable investment and business climate.
What makes these guarantees especially relevant
today is their application in a technologically evolving
society. Article 67, for example, underscores
entrepreneurs’ right to choose their field of activity, a
freedom that takes on new meaning in the context of
e-commerce, fintech, and blockchain-based business
models. The state’s role has thus shifted from merely
creating legal norms to facilitating an environment
where technological innovation does not outpace legal
protection.
In this constitutional context, digital entrepreneurship
becomes not only a matter of economic policy but also
a component of human rights. Economic freedom,
recognized in many modern constitutions, includes the
right to access digital infrastructure, to secure
electronic contracts, and to protect digital assets.
These
elements
now
require
constitutional
jurisprudence to evolve accordingly.
Legislatures play a pivotal role in translating
constitutional principles into actionable laws. In
Uzbekistan, the Parliament (Oliy Majlis) has
increasingly positioned itself as a key actor in
promoting economic rights. Through legislative
initiatives, oversight functions, and public hearings, the
Parliament influences the regulatory environment for
entrepreneurs.
A notable development is the drafting of the
Entrepreneurial Code of Uzbekistan, expected to unify
fragmented business legislation and reinforce key
principles such as legal certainty, equality of business
actors, and fair competition. Earlier reforms - such as
the 2000 Law “On Guarantees of Freedom of
Entrepreneurial Activity”
- established baseline
protections, but the new code aims to integrate these
within a comprehensive framework better suited for
the digital economy.
Moreover, the institution of written appeals by
individuals and legal entities -
codified in the Law “On
Appeals of Physical and Legal Persons”
- has become a
practical mechanism for state accountability.
Entrepreneurs use this channel to highlight regulatory
inconsistencies, demand transparency, and propose
reforms. It serves not just as a procedural tool but as a
reflection of participatory constitutionalism, whereby
citizens directly engage in shaping economic
governance.
While legislative activity lays the foundation for
protecting rights, the judiciary enforces them in
practice. Judicial protection is indispensable for
upholding entrepreneurs’ rights—
especially in disputes
with public authorities. However, traditional court
systems often struggle with the demands of digital
litigation.
Several key challenges emerge:
•
Digital Evidence and Expertise: Courts
increasingly encounter evidence in the form of
blockchain logs, encrypted emails, and digital
signatures. Properly evaluating such evidence requires
technical expertise that many courts lack.
•
Cross-Border Jurisdiction: The digital economy
is inherently transnational. Entrepreneurs operating on
international platforms often find it difficult to resolve
disputes due to uncertain jurisdictional rules and
difficulties enforcing judgments across borders.
•
Cybersecurity Concerns: Judicial processes
involving sensitive commercial data are vulnerable to
cyber threats. Leaks of proprietary information during
litigation could cause irreparable damage to businesses.
To address these challenges, countries like Uzbekistan
are considering reforms such as the digitalization of
courts, judicial training on digital technologies, and the
establishment of pilot digital courts modeled on those
in Singapore or Estonia.
Beyond state institutions, non-governmental structures
contribute to a multi-layered system of rights
protection. Business associations, chambers of
commerce, and arbitration centers provide alternative
avenues for conflict resolution and policy dialogue.
Arbitration and mediation, in particular, offer efficiency
and confidentiality - advantages that entrepreneurs
value in commercial disputes. In Uzbekistan, the
development of independent arbitration institutions
aligns with global trends toward private justice
mechanisms. These forums often prove more agile than
state courts in resolving complex, tech-related disputes.
Importantly, non-state mechanisms complement rather
than substitute judicial remedies. Their legitimacy and
effectiveness depend on their alignment with
constitutional standards. Therefore, any robust system
of protection must include coordination between
formal and informal institutions.
The notion of protecting entrepreneurs is not purely
legal -
it is also philosophical. From Aristotle’s defense
of natural acquisition through labor, to John Locke’s
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The American Journal of Political Science Law and Criminology
concept of property as a natural right, Western legal
thought has long recognized economic freedom as
intrinsic to human dignity.
In modern times, thinkers such as Friedrich Hayek and
Milton Friedman emphasized the link between
economic liberty and democratic society. Hayek
warned that the erosion of economic freedom would
inevitably undermine civil liberties. In this view,
entrepreneurial rights serve as a barometer of political
maturity.
Uzbekistan’s evolving constitutional order resonates
with these ideas. President Shavkat Mirziyoyev’s
statement -
“The entrepreneur is the backbone of
society, and the state must create all conditions for
their honest work”
- captures the normative shift
toward viewing entrepreneurs not merely as taxpayers
but as co-creators of national development.
In light of current challenges, the following measures
are proposed:
1.
Digital Court Integration: Develop a secure
national platform for online dispute resolution,
particularly for cross-border commercial claims.
2.
Judicial Training Programs: Launch specialized
programs on digital law, cybersecurity, and emerging
technologies for judges and legal practitioners.
3.
Smart Legal Frameworks: Enact legislation to
regulate blockchain-based transactions, digital assets,
and AI-driven services, ensuring consistency with
constitutional norms.
4.
Parliamentary Monitoring of Digital Reforms:
Establish
oversight
bodies
to
assess
the
implementation of digital legal reforms and their
impact on business rights.
5.
Public-Private
Dialogue
Platforms:
Institutionalize mechanisms for regular interaction
between entrepreneurs, legislators, and regulators.
6.
Data Protection and Cybersecurity Laws:
Strengthen laws on the handling of commercial data,
ensuring judicial processes protect confidentiality.
As the digital economy continues to reshape
commercial life, legal systems must adapt to ensure
that entrepreneurs’ righ
ts are not left behind.
Uzbekistan offers a compelling case study in combining
constitutional innovation with institutional reform. Its
experience underscores the importance of both
foundational legal principles and adaptive judicial
mechanisms in upholding economic freedom.
By reinforcing the legal status of entrepreneurs -
through parliamentary engagement, judicial reform,
and digital infrastructure - the state fulfills not only a
legal duty but also a moral commitment to those who
drive its economy. In doing so, it strengthens the rule of
law and lays the groundwork for inclusive, sustainable
development in the digital age.
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