The limits imposed on legislative activity in perspective of the principle of prohibition of social regression

Abstract

The tripartite system of powers is adopted by practically all countries, having been theorized for the first time by Montesquieu, but it has rarely been applied in a manner completely identical to its original conception. Each country adapts the division between powers according to its needs and peculiarities. Therefore, an important aspect within this system is the limitation imposed on powers. When the State, in the course of its legislative function, for example, establishes the boundaries of what can or cannot be legislated, it is legally limited according to some precept of the Fundamental Law. It is established to the legislator not only that he has the freedom to do everything in the legislation, on any subject, but also that he must follow the guidelines of what the Constitution determines. This balance is crucial to ensure that the legislative process does not contradict the fundamental rights already achieved by society. Therefore, this work aims, through bibliographical research, to centrally expose the main aspects of the principle of prohibiting social regression. This principle is crucial to preserving the levels of social rights, preventing new laws approved from reducing the levels of support for these achieved rights. Furthermore, it will be essential to detail the main concepts for an understanding of the principle under study, as well as a critical examination of the prominent theme of how it manifests itself according to jurisprudential understanding and its importance for maintaining fundamental rights in their social aspect.