El papel del derecho social y de la política social en el sistema jurídico-social que reclaman los derechos humanos

Abstract

In order to know the needs of nations ant the international system in terms of social policy and legal order, one must face the crisis of the Social State. Even though the 20 th century formulas hardly yield optimal results nowadays, it is difficult to discern any alternatives, save a greater and true development of democracy and an increase in the political participation of individuals, on a pair with the growing intervention through social policies and programs. Participation thus becomes a moral responsibility in this age of state intervention. A fundamental problem for individuals is that the excessive regulation of social life diminishes their liberty. Greater control administrative rationalization appear then as indispensable. Power must continue to be bound by legal rules. Above all, law ought to be rediscovered through the lens of the inherent needs of human relations, and legislation should be progressively done away with. The end of the crisis of the Social State will come if it exercises control beyond the formulas of a based on the rule of law, thus increasing legal and social certainty for citizens. solution lies in the protection of institutional life based on the absolute respect of private property, in a context of greater resources for legal vigilance and social demands expressed in terms of law.