Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-p9bg8 Total loading time: 0 Render date: 2024-12-25T06:18:38.321Z Has data issue: false hasContentIssue false

12 - The Present Limits and Future Potential of European Social Constitutionalism

from Part IV - Economic and Social Rights in Retrenchment

Published online by Cambridge University Press:  04 April 2019

Katharine G. Young
Affiliation:
Boston College, Massachusetts
Amartya Sen
Affiliation:
Harvard University, Massachusetts
Get access

Summary

Many European constitutions expressly affirm that they are "social states" (Sozialstaat), and/or contain lists of fundamental social rights or directive principles. The EU constitutional framework also recognises the fundamental nature of social rights. However, this protection remains partial, limited and uncertain. This was not a problem when background economic and political factors favoured the expansion of the post-war welfare states. But austerity is different. This is not to dismiss the value of the limited degree of social rights protection that exists in European constitutional systems. It affirms the role of the state in securing "social citizenship," opens up room for courts to interpret core constitutional principles such as dignity and equality with reference to the ideal of "social citizenship," to read legislation in a socially protective manner, and to develop the type of "baseline standards" jurisprudence exemplified by the Hartz IV judgment of the German Constitutional Court. However, beyond that, courts have been unwilling to intervene in areas where breaches of baseline standards are not at issue.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×