Entendida, as the pure pact between capital and labour, has been a legal concept which has caused considerable confusion in academics of constitutional law or political science. Despite this, the Spanish constituency has been aware of the need to complement formal democracy with a social democracy. In particular, Articles 9.2 and 10.1 EC confused a model in which the old liberal rule of law had a substantive content. However, if the central issue of rights lies in the question of their guarantees, it is necessary to take into account the model of the State of which they form part and their review from a constitutional perspective, linked to a democratic dimension which seeks to reconcile freedom and equality. Finally, it should be noted that the economic crisis jeopardised the positive illusion of the legislative passion of the welfare state, which offers rights in return for votes in a context of economic growth and victimisation aimed at destroying any social form based on responsible consumption and fairer and more solidarity-based distribution of wealth.