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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 37 No. 3-4, 2021.

Original scientific paper

https://doi.org/10.25234/pv/13061

APOTHEOSIS OF THE SOCIAL STATE THE IMPERATIVE OF ACHIEVING SOCIAL JUSTICE IN THE REPUBLIC OF CROATIA

Valentino Kuzelj orcid id orcid.org/0000-0003-3028-8562 ; Faculty of Law, University of Zagreb, Trg Republike Hrvatske 3, 10000 Zagreb, Republic of Croatia
Sonja Cindori ; Faculty of Law, University of Zagreb, Trg Republike Hrvatske 3, 10000 Zagreb, Republic of Croatia
Ana Horvat Vuković ; Faculty of Law, University of Zagreb, Trg Republike Hrvatske 3, 10000 Zagreb, Republic of Croatia

Full text: croatian pdf 172 Kb

page 57-80

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Abstract

By deliberate choice of the Croatian constitution-makers, the Constitution of the Republic of Croatia protects all economic, social and cultural rights guaranteed by constitutions of developed European democracies and by the International Covenant on Economic, Social and Cultural Rights to which Croatia is a party. This creates a dual (constitutional and international) obligation for the Croatian legislature to establish a socially just order. Although the constitutional text places both of the human rights generations within the same title, the constitutional jurisprudence adopted a position, whereby socioeconomic rights are excluded from the sphere of organic laws used to elaborate the constitutionally guaranteed fundamental rights and freedoms. This development notwithstanding, the potential of their protection before the Constitutional Court has not been reduced, as the Court has developed an impressive list of doctrinal positions on the nature of social rights, committing to the concept of social state as a foundational element of European constitutionalism. Still, we would be remiss if we did not emphasize the Constitutional Court's passive stance towards the political branches of the government regarding the social rights and must therefore plead for a more active approach in that regard.

Keywords

social state; social justice,; human rights; Constitution of the Republic of Croatia; Constitutional Court of the Republic of Croatia

Hrčak ID:

269397

URI

https://hrcak.srce.hr/269397

Publication date:

29.12.2021.

Article data in other languages: croatian

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