FISCAL SUSTAINABILITY AND SOCIAL STATE OF LAW1

Abstract

This article, through a deductive methodology based on the doctrine analysis economic constitutional framework, analyzes the implications for the National Government and the territorial public administrations assumed the adoption of the criterion of fiscal sustainability. That constitutional reform generated an important debate among those who believed that social inclusion this criterion transformed the Social State based on Law into a Fiscal State - by conditioning, apparently, the enjoyment of the rights to budget availability. To this end, the article describes the constitutional regime of the Social Market Economy and the relationship that exists between it and the need for predictable and reliable economic policy; later describes the implications of this system for fiscal sustainability and the incident of fiscal sustainability as a tool that apparently limits the power of the Judiciary; and culminates with a revision of the fiscal rule in the Spanish perspective.