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

Lilach Litor*, Gila Menahem, Hadara Bar-Mor

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

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.

Original languageEnglish
Pages (from-to)189-205
Number of pages17
JournalAnnals of the American Academy of Political and Social Science
Volume691
Issue number1
DOIs
StatePublished - Sep 2020

Keywords

  • constitutional
  • neoliberal
  • polymorphic regulatory regimes
  • publicization
  • regulatory state
  • welfare state

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