Social rights as fundamental rights and the judicialization of policies: some considerations

Abstract

The effective constitutional recognition of social rights, by itself, establishes—in any circumstance, even in times of economic crisis—a “hard” nucleus, unavailable to the various public and/or political agents and authorities (including the courts) in terms of meeting social demands, in a manner that this minimum will constitute, in the action of these various agents and authorities, including in the scope of the Public Administration’s actions, an insurmountable barrier that requires permanent boundaries and a certain integration between justice and politics, among judges, legislators and administrators. The judiciary, however, must guide its action by the search for possible mediation between guaranteeing the rights of all, the principle of separation of powers and balancing the budget.