Constitutional Foundations of Spain's Social State

The Concept of the Social State in Spain

Article 1 of the Constitution establishes that Spain is a Social State. This prominence is significant because the Franco regime had also proclaimed itself 'social,' which is manifestly impossible unless the state itself is truly Democratic.

A second element is that the Welfare State was conceived differently at the time of drafting the Constitution than it is now, as it was not yet in crisis and was considered essential for the modernization of the democratic state.

Furthermore, Spain had not yet entered the European Union (EU), where part of the state's economic policy is transferred to European institutions. Consequently, some points established by the Constitution cannot be fully exercised. We note that the policy of the European Union is often not in favor of the Welfare State, as it advocates for economic liberalization.

For all these reasons, the theory of the Social State is currently facing a crisis. Nevertheless, the Social State is a democratic model established during the first third of the 20th century and possesses the following characteristics:

Characteristics of the Democratic Social State

• Welfare Policy and Social Rights

  The state recognizes rights of economic and social content, stemming from needs that emerged after the Industrial Revolution. These socio-economic rights are fundamentally different from the others, known as rights of freedom, which are only effective if the holders have the financial means. Therefore, if the goal is to achieve equal rights for all citizens, the State must play the role of providing a range of care services, including: Health, Education, and Social Security.

• State Intervention in the Economy

  Although old liberal conceptions suggest that if the economy is allowed to operate freely, it tends to achieve social equality, experience has shown that this is not true. The state acts in two primary ways:

  • Through Economic Policy: Working on economic cycles to prevent growth from being too fast (which leads to crisis) and helping to overcome recession.

  • Through Economic Activity: Engaging in a series of activities that satisfy not only private interests, such as water, energy, and transport. These activities must be controlled by the State, either by earmarking a portion of the economy or by intervening through the public sector.

• Ensuring Fair Distribution of Income

  The state ensures the fair distribution of income because, otherwise, if income is concentrated in a few hands, it can cause economic crises. This redistribution is done through the provision of public services, which cause higher costs for the state, necessitating an increase in revenues through taxes.

  While the Liberal Revolution introduced the suspension of tax privileges for certain classes, requiring everyone to contribute, the Social State adds specific fiscal policies based on progressive direct taxation. According to this system, each citizen contributes according to their income, thereby contributing to the redistribution of income.

• Constitutional Flexibility for Economic Change

  Our Constitution adds, as a novelty, the possibility of changing the economic system, a topic to be discussed further.