LOS DERECHOS SOCIALES Y SUS GARANTÍAS EN EL ORDENAMIENTO CONSTITUCIONAL ESPAÑOL

Abstract

Leaving aside comparative law, it would be true to say that the category of welfare state, understood as a pure pact between capital and labour, is a legal concept that has caused considerable confusion amidst scholars of Constitutional Law or  Political Science. Th e Spanish constituent has, despite this, been aware of the need to complete formal democracy with a social democracy. In particular, Articles 9.2 and 10.1 of the Constitution set out a model that endowed the old liberal rule of law with specifi c substance. However, if the central question of rights lies in the issue of guarantees, we need to bear in mind the State model into which they are integrated and their reconsideration from a constitutional perspective, linked with a democratic dimension that seeks to reconcile freedom and equality. Finally, it needs to be pointed out that the economic crises places in danger the positivist illusion of the legislative passion of the welfare state, which off ers rights in exchange for votes in a fi ctional context of economic growth that tends towards the destruction of any social form based on responsible consumption and a fairer more supportive distribution of wealth