Estado y procesos de cambio. Del Estado prestacional al garante de la prestación

Abstract

The current situation with respect to the State and its Law is paradoxical. The State is in a process of a transformation in which if it goes through a loss of sovereignty reducing its presence to a simple tool for continuous change adaptation, it reinforces its management and social control responsibilities. And the Law, even though is clearly going through a crisis due to its exposure to an accelerated innovation, has been forced to keep on building trust by means of predictability, facing uncertainty from a more flexible perspective and a greater learning ability. This article, after a review of those transformation processes, focuses on the analysis, understanding and establishment of this trend that is reaching an enormeous size: the assumption by the social State, still being such, of a new dimension, the one referred as the State guarantor that gives out goods and services of public interest using the market and its logic for the achievement of the general interest.