Understanding the Economic Constitution: Key Principles

The Concept of Economic Constitution

The elements that define a state as social, with the exception of the fourth (exclusive to our country), are generally reflected following the Second World War.

The Economic Constitution is understood as part of the formal constitution, comprising items intended to regulate different aspects of the social state, such as fiscal measures and economic policies.

In our Constitution, this part holds great importance, mainly due to the significant influence of center-left forces during its creation. Consequently, the Economic Constitution in our country is quite broad.

In addition to the aforementioned problems of interpretation within the context of an economic crisis, the idea of a social state, and Spain's membership in the EU, two further problems exist:

• Dispersal: There is a lack of systematic information on this issue. Not all items that constitute the Economic Constitution are grouped together; they are relatively sparse, although most are found in Chapter III (Articles 39-52) and Title VII (Articles 128-136).
• Unequal Legal Effect: Not all items have the same legal effect. This particularly affects the Economic Constitution, as Title III does not produce the same positive legal effect (i.e., the power to create rights and obligations) as the rest of the Constitution.

The main characteristics of our social state are established in Articles 1 and 14, which proclaim the equality of all Spanish citizens. This must be understood in light of Article 9.2, which requires the State to intervene to remove obstacles to equality. Article 38 defines our system as a market economy, but not a pure one, because the state reserves the right to protect its finances and engage in planning. Article 33 recognizes the right to private property and inheritance, but with the exception outlined in point 2, according to which the social function of these rights shall confine its content in accordance with the law.

As mentioned in the previous paragraph, states are characterized by social welfare policies, intervention in the economy, and ensuring the fair distribution of income.