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The Rise of the Regulatory Constitutional Welfare State, Publicization, and Constitutional Social Rights: The Case of Israel and Britain.

Authors :
Litor, Lilach
Menahem, Gila
Bar-Mor, Hadara
Source :
Annals of the American Academy of Political & Social Science; Sep2020, Vol. 691 Issue 1, p189-205, 17p
Publication Year :
2020

Abstract

This study investigates the mechanisms that courts apply to expose private social service suppliers to constitutional duties. In doing so, we suggest two variants of welfare regimes: the regulatory constitutional welfare state and the regulatory constitutional neoliberal welfare state. We outline how constitutional rights, including social rights, are applied to private entities, and the tests that courts use in doing so. We then analyze the transformation of traditional jurisprudence in Israel since the 1990s, and we discuss developments in British jurisprudence, which embraces a neoliberal approach. We end with an analysis of the differences between British and Israeli jurisprudence to highlight our theoretical framework's contribution to comparative research. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00027162
Volume :
691
Issue :
1
Database :
Complementary Index
Journal :
Annals of the American Academy of Political & Social Science
Publication Type :
Academic Journal
Accession number :
147160075
Full Text :
https://doi.org/10.1177/0002716220964385