La proporzionalità nell’ambito dei diritti di prestazione economici e sociali

This article outlines a model of proportionality analysis for the adjudication of positive constitutional economic and social rights. This model is the key for answering three questions: (i) First, to what extent constitutional courts hold the power to determine the substantive content of positive constitutional economic and social rights, when the right-holders claim that their addressees have violated those rights by failing to comply with what they require? (ii) Second, how constitutional courts should ground the determination of that substantive content? And, (iii) third, how constitutional courts should choose appropriate remedies when they have established a violation of one of those rights.