Los derechos sociales en la Constitución española: sobre la importancia de la letra de la ley cuando su espíritu es indeciso

Whether due to a lack of rigor, or as a response to a doubtful or unclear attitude on the part of the constituent, what seems certain is that the Constitution would have established a system of balances. A system that, by virtue of what is deduced from subsequent legislation and jurisprudence, should not be interpreted solely in light of the declaration as a social State of Law, but the detailed provisions of the articles must be taken into equal consideration. A system of balances that, one might say, tries to find an intermediate point between the two paradigms that it seems to embrace: the liberal and the social. Paradigms that are not only observed in the solidity of the guarantees granted to civil and political rights in the face of the weakness of social rights, but are also observed in the constitutionality block and in an important sector of doctrine.