SOCIAL RIGHTS AND ECONOMIC CRISIS:ACTIVATE CONSTITUTIONAL POLICY AND SECURE THE POSITIVE OBLIGATIONS OF THE STATE
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.
Year of publication: |
2012
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Authors: | TERŠEK, Andraž |
Published in: |
Jurnalul de Studii Juridice. - Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi. - Vol. 1-2.2012, June, p. 77-87
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Publisher: |
Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi |
Subject: | judicial law-making | economic crisis | Social (Welfare) State | constitutionalism | constitutional courts | doctrine of the positive obligations of the state | social and economic human rights |
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