Revision of law on fisheries management and equal rights of the Constitution – Golden mean challenges!

Abstract

The article discusses the margin of appreciation of the legislator under Article 65 of the Icelandic Constitution on equal rights when applied in relation to the right to engage in fishing protected under Article 75 of the Constitution on freedom of employment. Based on that discussion a bill of law on fisheries management presented in the Althingi in spring 2012 is analysed. It is submitted that the margin of appreciation is limited by fundamental obligations of the State to ensure that fishing resources are protected and utilized in the interest of the nation as a whole and that it is arguable whether certain aspects of the regime proposed in the bill are in confirmity with the Constitutional provisions.