Effectiveness of the Constitution and social rights: outline of some problems

Authors

  • Miguel Carbonell Profesor de Derecho Constitucional e Investigador del Instituto de Investigaciones Jurídicas, Universidad Nacional de México (UNAM)

Abstract

For decades, the constitutional theory has among its most important problems the issue of the effectiveness of its rules. Although it is an issue that affects, in general, all constitutional norms, the problem becomes more acute in the case of social rights. The following pages offer an explanation of the difficulties we face when trying to make constitutional norms effective based on a historical and conceptual reading of social rights and of the State model that can make them a reality: the social State.For decades, the constitutional theory has among its most important problems the issue of the effectiveness of its rules. Although it is an issue that affects, in general, all constitutional norms, the problem becomes more acute in the case of social rights. The following pages offer an explanation of the difficulties we face when trying to make constitutional norms effective based on a historical and conceptual reading of social rights and of the State model that can make them a reality: the social State.

Keywords:

Constitution, Social rights