Principles governing economic and social policy, legislative power and constitutional court

Abstract

Some political forces and a relevant number of constitutional law authors are requiring the reform of the Constitution in order to incorporate new social rights. At this moment, the modification of our supreme norm seems to be difficult, but the need to guarantee the social character of our state appears to be urgent. In order to ensure social right, which are inherent to human dignity, this article proposes a different vision of the principles governing economic and social policy that are enshrined in the third chapter of title one of the Constitution. Firstly, the article high-lights some inconsistencies in the interpretation of these principles given by the Constitutional Court. Secondly, the article proposes that the Tribunal use the principles more adequately. In fact, some of the principles do not impose financial cost to public power, but only the protection of sectors that are in a position of disadvantage in horizontal relationships (such as workers or consumers). Consequently, the principles should be used to review the constitutionality of the laws that do not comply with this goal. Furthermore, the Constitutional Court should give more consideration to the principles when it interprets the distribution of competences and ponders the fundamental rights that exist in our constitutional systems.