In search of the (hypothetical) compatibility between the Social State and the Subsidiary State: Principles as a method of harmonization.

Authors

Abstract

This article is based on the common existence of the social State and subsidiary State models, which are jointly enshrined in the preliminary constitutional draft presented
by the expert commission for the new constitution drafting process. Based on this, a dogmatic analysis of both systems is made, seeking to deepen in an interpretation that allows their coexistence beyond their tensions and incompatibilities, to then focus on the analysis of the constitutional principles, and particularly on the experience of administrative law, as a method of harmonization.

Keywords:

Social State, subsidiary State, principles, good administration, preliminary constitutional draft.