Autore
Canotilho, Mariana

Titolo
Austeridad y derecho constitucional: el ejemplo portugués
Periodico
Democrazia & sicurezza (Online)
Anno: 2016 - Volume: VI - Fascicolo: 1 - Pagina iniziale: 31 - Pagina finale: 71

This paper analyses the relationship between austerity measures and constitutional law, focusing especially on the Portuguese example. The economic crisis and the adoption of the Memoranda of Understanding signed with EU institutions and the IMF in exchange for loans, has led to implement laws that were at the foundation of significant economic and social changes, in areas that include health, education, social security and protection of workers. Fundamental rights in these areas are part of the core of the social state under the Portuguese Constitution, which grants them a special and detailed protection. The work focuses on the mechanisms of protection of fundamental rights, especially on the role of the Ombudsman and the Constitutional Court. The latter has been the main ‘constitutional obstacle’ to the full implementation of austerity measures; however, and despite the accusation of political engagement or judicial activism, the constitutional jurisprudence during the crisis period was actually quite balanced, and based on fundamental principles rather than on social rights norms.



SICI: 2239-804X(2016)VI:1<31:AYDCEE>2.0.ZU;2-3
Testo completo: http://romatrepress.uniroma3.it/ojs/index.php/DemSic/article/view/407/404

Esportazione dati in Refworks (solo per utenti abilitati)

Biblioteche ACNP che possiedono il periodico