EXEMPLIS DISCIMUS

REAFIRMATION OF VALUES AND REDEFINITION OF CONTENT OF SOCIAL STATE IN NEW CENTURY

Authors

  • Sonja Cindori Faculty of Law University of Zagreb
  • Valentino Kuzelj Faculty of Law University of Zagreb

DOI:

https://doi.org/10.30925/zpfsr.40.2.7

Keywords:

social state; welfare state; social justice; solidarity; fiscal sovereignty; fiscal state

Abstract

Economic crises from the last decade of 20th and the beginning of 21st century actualize controversies about the role of state in the socio-economic life of the society. Populist movements that arose from latest large economic crisis in 2008, by promising the realization of social state, are actually aiming for dissolution of democracy. Considering that it is imperative to know about genesis of social state, its
constitutionalization and strengthening of solidarity in the post-war years of second half of 20th century. With a goal of strengthening social state it is indispensable to observe the neoliberal critique of its conception and – by the authority of interpretation of social state and social justice principles that arose from recent Constitutional Court
jurisprudence – to approach to reaffirmation of social state concept as new welfare state. Role model on the path to reaffirmation and redefinition should be Scandinavian social state, especially Danish realization of so called flexicurity model. Optimal instrument in its realization should be fiscal sovereignty of a state. By strengthening
states taxation capacity, and respecting the constitutional limits of taxation, it is possible to get closer to realization of Scandinavian model of active social state that guarantees both security and mobility, and to build new welfare state on these grounds.

Additional Files

Published

2020-09-30

How to Cite

Cindori, S., & Kuzelj, V. (2020). EXEMPLIS DISCIMUS: REAFIRMATION OF VALUES AND REDEFINITION OF CONTENT OF SOCIAL STATE IN NEW CENTURY. Collected Papers of the Law Faculty of the University of Rijeka, 40(2), 823–843. https://doi.org/10.30925/zpfsr.40.2.7

Issue

Vol. 40 No. 2 (2019): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

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