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

Lilach Litor, Gila Menahem and Hadara Bar-Mor

The ANNALS of the American Academy of Political and Social Science, 2020, vol. 691, issue 1, 189-205

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.

Keywords: regulatory state; welfare state; constitutional; neoliberal; publicization; polymorphic regulatory regimes (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:sae:anname:v:691:y:2020:i:1:p:189-205

DOI: 10.1177/0002716220964385

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