Social Rights in the Soviet Dictatorship: The Constitutional Right to Welfare from Stalin to Brezhnev

2012 ◽  
Vol 3 (3) ◽  
pp. 385-406 ◽  
Author(s):  
Mark B. Smith
Keyword(s):  
Social Rights ◽  
Constitutional Right ◽  
Right To Welfare

The Other T. H. Marshall

1995 ◽  
Vol 24 (3) ◽  
pp. 341-362 ◽  
Author(s):  
A. M. Rees
Keyword(s):  
The Other ◽  
The Political ◽  
Social Rights ◽  
Current Interest ◽  
Capitalist Class ◽  
Class System ◽  
The Right ◽  
Right To Welfare ◽  
National Membership ◽  
The Relationship

ABSTRACTThis article argues that the writings of T. H. Marshall contain not one, but two, theories of citizenship, and there is a problem about whether they are compatible with one another. The second, less familiar, theory is mainly developed in Marshall's later works, especially The Right to Welfare, but many of its essential features can be found in Citizenship and Social Class, although not in the sections of that work which are most frequently quoted. Several areas where Marshall's shifting views contributed to this second version of citizenship are discussed: citizenship as national membership and as a body of obligations, the reality of social rights, discretion versus enforceable entitlements, citizenship as a bearer of its own inequalities, the relationship with the capitalist class system. Increasingly, Marshall came to restrict citizenship to the political sphere, thereby endorsing a conventional liberal view: but then he was, it is argued, in many respects a pretty conventional liberal. The article concludes by noting the paradox that much of the current interest in Marshall's thought is because a ‘strong’ view of citizenship is attributed to him which he may never have held, and which he certainly relinquished towards the end of his writing career.

Was für eine Europäische Verfassung?

2005 ◽  
Vol 35 (139) ◽  
pp. 287-300 ◽  
Author(s):  
Étienne Balibar
Keyword(s):  
Central Bank ◽  
European Central Bank ◽  
Social Rights ◽  
European Constitution ◽  
Fundamental Level ◽  
European Central

The problem of a European Constitution is discussed at a fundamental level. In which way, can we speak about such a Constitution? Thearticle argues against the “postnational souveranism”, legitimating state against citizens. A new kind of citizenship is favoured based on extended social rights. The constitution now proposed contrarily makes the European Central Bank and its neoliberal policy to central and nearly unchangeable institution.

Soziale Disziplinierung im flexiblen Kapitalismus

2004 ◽  
Vol 34 (136) ◽  
pp. 339-356
Author(s):  
Tobias Wölfle ◽  
Oliver Schöller
Keyword(s):  
Social Welfare ◽  
Second Step ◽  
Social Rights ◽  
Federal Law ◽  
Capitalist Development ◽  
The Core ◽  
The Past ◽  
The Impact ◽  
Municipal Level

Under the term “Hilfe zur Arbeit” (aid for work) the federal law of social welfare subsumes all kinds of labour disciplining instruments. First, the paper shows the historical connection of welfare and labour disciplining mechanisms in the context of different periods within capitalist development. In a second step, against the background of historical experiences, we will analyse the trends of “Hilfe zur Arbeit” during the past two decades. It will be shown that by the rise of unemployment, the impact of labour disciplining aspects of “Hilfe zur Arbeit” has increased both on the federal and on the municipal level. For this reason the leverage of the liberal paradigm would take place even in the core of social rights.

JUDICIARY AND JUDICIARY OF UKRAINE IN THE CONTEXT OF THE NATIONAL MENTALITY

2019 ◽  
pp. 88-97
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Constitutional Court ◽  
State Institutions ◽  
Radical Reform ◽  
Legal Studies ◽  
National Tradition ◽  
Scientific Institutions ◽  
Legal Foundations ◽  
Constitutional Right

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Digital single market - a new impetus on EU social policy?

2020 ◽  
Vol 338 ◽  
pp. 265-275
Author(s):  
Daniel Zimmermann
Keyword(s):  
Social Policy ◽  
European Commission ◽  
Single Market ◽  
Social Dimension ◽  
Social Rights ◽  
Reform Agenda ◽  
The Social ◽  
Digital Skills ◽  
Current Reform ◽  
Training Programmes

In July 2019 the new president of the European Commission, Ursula von der Leyen, presented her guidelines for the period of presidency 2019-2024. While most proposals perpetuate the current reform agenda, the focus on the social dimension of the single market is remarkable. Von der Leyen has not only announced the full implementation of the European Pillar on Social Rights, but also highlighted new investment in digital competences seen as a key to competitiveness and innovation of the European economy. This paper will discuss whether the dynamics of the digital single market could lead to a new impetus on EU social policy and on European funding of training programmes. Therefore, an overview of significant funding programmes promoting digital skills is given.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

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