SOCIAL RIGHTS AND ECONOMIC CRISIS:ACTIVATE CONSTITUTIONAL POLICY AND SECURE THE POSITIVE OBLIGATIONS OF THE STATE

Andraž Teršek ()
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Andraž Teršek: PhD from Constitutional Law, Researcher and Assistant Professor, University of Primorska, Koper, Slovenia

Jurnalul de Studii Juridice, 2012, vol. 1-2, 77-87

Abstract: The economic crisis should not be accepted as the end of the Social (Welfare) State. It is a new opportunity to defend social and economic human rights and to create the European Social State. A few changes in systemic understanding of the concept of Social State should be made accordingly. Constitutional policy should become more active. The doctrine of positive obligations of the state should be applied for more determined and effective realization of the constitutional principles of sociality, solidarity and social equality. Social roles of lawyers, especially legal scholars and judges, could be among the most important to achieve these goals.

Keywords: judicial law-making; economic crisis; Social (Welfare) State; constitutionalism; constitutional courts; doctrine of the positive obligations of the state; social and economic human rights. (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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