Social Constitutional State as Necessary Institutional form of Legal Freedom

Abstract

The author’s article analyzes the formation, evolution and modern functioning of the social state as an institutional form of legal freedom. It shows that there are four innovative stages in the legal institutionalization of the modern political supremacy: the civil state, the constitutional state, the democratic constitutional state and the social constitutional state. It is noted that in the process of accumulation, as more experience of social and socially oriented economic policy realization will be gained, the social human rights were institutionalized. Besides, the article proves that spiritual development prerequisites by the constitutional state of the social function were the enlightenment idea of a human right. In turn the standard principle of solidarity also found realization in the social constitutional state principle, meaning the intervention of the state in private citizens’ life for their worthy life. This plan includes the modern state responsibility increase in the social and economic sphere that notes the transformation of liberalism and reconsideration the previous principle of non-interference. The article gives also the definition and distinction of such interconnected political and legal phenomena as: "the social constitutional state policy ", its "social and economic policy". The authors argue that with the social function development the constitutional state has become an extremely difficult political association; its purpose is to ensure the conditions for realization and the guarantees of economic, political and social human rights, and the living standards rise of civil society.

DOI: 10.5901/mjss.2015.v6n3s6p263