Analyzing the society and the state through the economic view, one can observe two doctrines situated to opposite poles: the welfare state doctrine and the doctrine of the minimal state.
It is important to observe the ideological foundation that a Constitution can have and its role in society, influenced by the two doctrines.
Basically, it should be considered that a minimal state never existed, but not because of conservative welfare state, but because of the role that the Constitution has, regardless of the trend a particular constituent join to: the duty to protect the rights, freedoms and legitimate interests of citizens, interests which may be social, political and even economic.
Regarding the last aspect, the state must intervene to defend people who are threatened by other interests or excessive influence that can jeopardize fundamental rights and liberties.
The theory thus challenge the supremacy of written contracts, through the fact that something considered legally can actually affect certain rights and liberties of the citizen through pressure or influence that constrain an individual in assuming immoral obligations that would not be accepted in other circumstances.