Reforma constitucional y derechos sociales: La necesidad de un nuevo paradigma en el derecho público Español

Abstract

The economic, social and political crisis has created the idea that we need a reform of the Spanish Constitution. Given the traditional jurisprudence and the case law of the Constitutional Court, according to which social rights are not directly enforceable rights but mere political mandates, some other opinions consider that we need to strengthen their character of subjective rights. Considering that the dominant conception of social rights and the constitutional case law have created the current situation, a simple change in the letter of the Spanish constitution could not be enough. This article proposes the main lines for a new language of social rights that assures the protection of social rights, following international standards and foreign experiences.