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Social Rights And Economic Crisis:Activate Constitutional Policy And Secure The Positive Obligations Of The State

Author

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  • Andraž TERŠEK

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

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.

Suggested Citation

  • Andraž TERŠEK, 2012. "Social Rights And Economic Crisis:Activate Constitutional Policy And Secure The Positive Obligations Of The State," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1, pages 77-87, June.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2012:i::p:77-87
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    More about this item

    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.;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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