Social function, proportionality and essential content: a constitutional reinterpretation of property rights in the context of the housing crisis

Abstract

This article examines the structural tension between the property right enshrined in Article 33 of the Spanish Constitution and the right to adequate housing under Article 47, against the backdrop of the current housing crisis. Building on doctrinal and constitutional jurisprudence regarding the social function of property, it analyses how new housing policies affect the essential content of property rights and require a rigorous application of the proportionality principle. The study incorporates international standards and recent legislation, particularly Law 12/2023, to assess whether the existing constitutional framework can effectively balance both rights or whether a deeper jurisprudential reinterpretation is necessary, potentially even calling for constitutional reform in order to strengthen the effectiveness of housing protections.