Understanding the Social and Democratic State of Law

Posted on Feb 5, 2025 in Law & Jurisprudence

Concept of Social and Democratic State of Law

It is not only the rule of law, or just the welfare state, and democracy only neutral or democracy as a method, but each of these statements conditions and nourishes the other. The concept of rule of law cannot be non-democratic, and democracy cannot work back to the rule of law, nor can they understand the state’s social democracy as opposed. Equality and participation end the separation between rulers and ruled, between state and society, socialize and democratize the democratic state, and the welfare state to make one. The limit on the performance of this social and democratic state is fixed precisely by the dimension of the rule of law: respect for legal procedures. In conclusion, the full social and democratic state of law, rather than a reality, is a baseline concept. It is a system of national solidarity, and in growing areas, supra-managed by public authorities with effective citizen participation and respect for the rule of law and human rights.

Motion of Censorship: Comparative Law

A motion of censure is the process of political accountability of government in which the initiative comes from Parliament. It tends to cause a change of government team. In the current party democracy, it is intended to embarrass the government, forcing it to publicly defend its agenda and voter attention on the differences in the program.

Motion of Censure in France

In France, the motion of censure conforms to the following conditions:

  • It must be submitted by at least one-tenth of the National Assembly.
  • It cannot be voted on until 48 hours after submission.
  • It requires an absolute majority of the chamber.
  • If approved, signatories may not file another motion during the same session.
  • If approved, the Prime Minister and the Government must resign to the President of the Republic.

Reference to the German and Spanish Models

The German Constitution has established the so-called constructive vote of no confidence. This motion should be filed in the House, with the signature of at least a quarter of its members, preventing its signatories from filing another motion during the same session. It is subject to the following conditions:

  • It has to incorporate an alternative candidate.
  • There is a negotiation period of 48 hours before the vote.
  • Approval requires an absolute majority in the House.

Furthermore, the Chancellor can anticipate and pose in the House a matter of trust. Losing it may propose to the President its dissolution or declaration of a state of legislative emergency for a period of six months, during which only the Federal intervenes in the legislative process. This can only be avoided if, before the confidence vote on the question of the opposition, a censure motion is presented and approved. This is hosted by the Spanish Constitution (Article 113 and 114.2), with two variants:

  • The required proportion of signatory deputies is one-tenth.
  • The operation cannot be reviewed by the Chancellor.

Question of Trust

This is the special control of the Government by Parliament, in which the Government itself takes the initiative and submits its continuity to the approval of a bill or any other statement or policy decision (Government pressure on Parliament).

Question of Trust in France

The French Prime Minister may present a question of trust on the vote on a draft law. The text is considered approved, and the trust granted if the opposition does not present a motion of censure within 24 hours.

Question of Trust in Germany

The Chancellor presents on a bill, an amendment to its government program, or a statement of general policy. To be granted the trust, it requires a majority of House members. If not approved, the Chancellor may resign, propose the dissolution of the House, or propose the declaration of a state of legislative emergency to the Federal President.

Question of Trust in Spain

It cannot be about a bill but only on the agenda of the Government or on a statement of general policy. It requires at least a relative majority in the Congress. If that majority is not reached, the Government must resign, but it cannot dissolve the House to hold elections.