Horacio Corti

Fundamental Rights and Financial Constraints: Four Aspects of the Budgetary Issue

  • Abstract

Informations and abstract

Keywords: Budget Law; The Theory of Financial Constitution; International Human Rights Law; Models of Judicial Control From Financial Constraints; Fiscal Rules.

In this article, I will examine the relationship between fundamental rights and financial constraints. The current backdrop is the economic crisis and the austerity policies. This problem requires identifying the following legal historical processes of different nature: a) the construction of a General Theory of the Financial Constitution as a theoretical horizon; b) the development of an International Human Rights law; c) the active intervention of the courts in comparative law, and d) the growing importance of fiscal rules. Indeed, Constitutions are expensive social institutions. State Powers - Executive, legislative and judicial Power - need funding and all fundamental rights consecrated in the Constitutions also need funding, from due legal process to political rights and, of course, social rights. Definitely, there is a direct and conceptual connection between public bodies, fundamental rights, and public financial activities.

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