Del principio de subsidiariedad al Estado regulador y garanteproyecciones en el Derecho Administrativo y en la buena regulación

Abstract

The limits of State intervention in society is a highly debated topic, both from an economic point of view (regulation of strategic sectors, regulatory bodies, etc.) and from a social point of view (social rights, support for the most disadvantaged). It is necessary to show an alternative vision to the traditional perspectives of state intervention from a positive point of view based on three pillars: freedom, solidarity and responsibility. The principle of subsidiarity defends a vision of the State that guarantees the economic and personal freedom of the individuals that make up society, without losing sight of the perspective of solidarity. It guarantees adequate economic development and real freedom that promotes fundamental rights. The center of the subsidiary State is the dignity of the human person. A manifestation of the principle of subsidiarity is the current Regulatory and Guarantor State. For the construction of a State based on the principle of subsidiary intervention, the principles of good regulation must be present in the normative activity of the public power and be projected in the activity of the Administration.