Legal Criteria of the Welfare State: New Approaches

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Наталья Путило ◽  
Natalya Putilo

The welfare state and its constant development accompanied by the appearance of new characteristics or changing old require to update scientific approaches to this phenomenon. The author researches existing approaches to the allocation of signs of the Welfare state. The article proposes a new system of formal legal criteria of the welfare state, which allows to determine the social orientation of the state excluding quantitative economic and social indicators. The author includes following criteria: 1) implementation of the principle of the social state; 2) reflected in the constitution of the list of social rights; 3) characteristics of the constitutional status of social rights; 4) enabling of the application of international law in the national legal system; 5) legislative consolidation of state duties in the social sphere and the mechanism of their implementation; 6) constitutional recognition of legal guarantees for the implementation of social rights (standards, specifying the general requirements for the economic structure of the state, taxation, redistribution processes); 7) legislative concretization of the mechanism of realization of social rights; 8) constitutional recognition of the special institutions, typical of the welfare state; 9) the presence of specific public authorities and other structural elements; 10) consolidation of the rule of law; 11) the status of social legislation. The proposed system of criteria based on international indicators of quality of life, takes into account the historical experience of the formation of the social state.

2020 ◽  
pp. 239-251
Author(s):  
Gabrielė Taminskaitė

This article analyses the rapport between the concepts of the welfare state and the social state. It also reveals the diversity of theoretical typologies of the welfare state and their significance in assessing the status of a country as a welfare state. By analysing the Lithuanian constitutional jurisprudence and legal doctrine, this article seeks to reveal Lithuania’s status as a welfare state, its origin and the connection with solidarity as an essential principle in the implementation of social rights nowadays and in the future.


Author(s):  
V. P. Vasiliev

The article analyzes the stages of formation of the principles of the welfare state, the development of its models. The basic model of a market economy does not deny the essential role of the state in socio-economic processes. It is shown that each of the stages is complementary to the fundamental characteristics of the phenomenon of the welfare state, based on new social practices. Historical evolution is represented by the enrichment functions of the state and business along the trajectory of the welfare state — social market economy — the welfare state. A central element of the social state is the social insurance institution, emerged in the socio-labor relations as a form of interaction of employees and employers with trade unions and the state. The dominant feature of the social market economy is to ensure free entrance of citizens in market activity and related functions of the state to ensure availability to markets of labor and capital, ensuring competition and private property rights. Welfare society based on a powerful upsurge of economic dynamics and productivity marks the transition to a new quality of life and overcoming social exclusion. Illustrates the emerging tendency to increase the share of the state in ensuring social economic dynamics. Identified positive and negative aspects of this process. For the practice of public administration in Russia proposed restructuring of the budget expenditures and insurance payments.


2020 ◽  
Vol 4 ◽  
pp. 20-29
Author(s):  
Ekaterina Zaitseva ◽  
◽  
Lyudmila Voronina ◽  

Introduction. The inadequacy of the support measures provided to children with orphan diseases is exacerbated by the trend towards an increase in the number of children with such a diagnosis. Orphan diseases also include diseases caused by primary immunodeficiency or congenital errors of immunity, which are life-threatening. However, these people are part of society and require attention from it, and social and economic measures from the state. Most of them, with proper treatment, socialization and appropriate government support, can lead a normal life and live a full life. Scientific novelty of the research. On the basis of the study results, the authors contribute to clarifying the principles used in the implementation of the security function of the social state. The targeting of social support measures must be supplemented with the principles of social justice and freedom to choose ways to meet the needs of specific categories of citizens, understood as follows. The welfare state supports those citizens who need it most of all, namely, the poor. Specific categories of citizens can satisfy their needs, while having the opportunity to choose. This opportunity arises thanks to the receipt of targeted assistance in the form of monthly or annual subsidies. Families with children with orphan diseases should also be included in these categories. If they have the right to receive annual government subsidies, they will be able to spend these funds depending on the current needs due to the state of health of their children with orphan diseases (for the purchase of socially important food products; medicines, medical nutrition, and various services). The aim of the work is to study the problems of providing support measures to children with orphan diseases in the context of the current model of the welfare state. The article analyzes the satisfaction of patients with congenital immunity errors with various types of state support, identifies problems that reduce their satisfaction. Methods. The authors use methods such as comparative analysis, study of regulatory legal acts, sociological analysis. Results. On the basis of the study results the effectiveness of measures of state support for children with orphan diseases, studying the best experience of foreign countries, proposals were made to clarify the principles used to implement the security function by the social state, to expand the composition of the subjects involved in providing support measures analyzed in the article. Conclusions. The results obtained make it possible to assert that the targeted approach, which is basic in the model of the welfare state, does not cover most of the problems of children with innate immunity errors and, accordingly, the families that represent their interests.


2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Юлия Беляева ◽  
Yuliya Belyaeva

Article examines the theoretical aspects of the concept of “State function’s”, rises question of the classification of state function’s and functions of the welfare state in order to reflect the accumulated knowledge of legal science section of the specified definition and identify the functions not previously considered in the theory of the state. The destabilization of the economic situation in the community and respect for the principle of the social state actualized this problem in the Russian legal science. Designated role of the function of indexing and its implementation in the social state. The author applies structural-functional and analytical method of scientific knowledge. An analysis of the state function’s and their classification, the author has been formulated the concept of “functions of the social state”. The author found that the earlier jurisprudence does not consider the function of indexing in the state function’s. Consider the function of indexing, its objective characteristics that distinguish it from other state functions. In the sphere of public life function of indexing refers to social and economic functions of the state, as aimed at meeting to the social needs of the people. The opinion of the author that the function of indexing fully reflects the nature of the welfare state.


Percurso ◽  
2019 ◽  
Vol 1 (28) ◽  
pp. 286
Author(s):  
Carina PESCAROLO ◽  
Soraia Paulino MARCHI

RESUMO O presente artigo tem por finalidade analisar com base na pesquisa bibliográfica se é aplicável o Estado de bem-estar social no Brasil e se pode ser efetivo. Discorre sobre como se originaram o Estado liberal (burguês) e o Estado social ou de providência (intervencionista), posicionando-os na história, tanto das revoluções quanto das crises que os embasaram, traçando seus conceitos, características, aplicação e crises. Buscar demonstrar o contexto histórico, com base nas Constituições brasileiras, desde a imperial de 1824 até a democrática de 1988, a origem do Estado de bem-estar social no Brasil, até que ponto tem respaldo para ser aplicado, se pode ser efetivo ou não. PALAVRAS-CHAVE: Estado liberal; Estado do bem-estar social; Estado social; Estado de providência; Brasil. ABSTRACTThe purpose of this article is to analyze, based on bibliographical research, whether the State of social welfare in Brazil is applicable and can be effective. It discusses how the liberal (bourgeois) state and the social or providential state (interventionist) originated, placing them in the history of both the revolutions and the crises that underpinned them, tracing their concepts, characteristics, application and crises. Seeking to demonstrate the historical context, based on the Brazilian Constitutions, from the imperial of 1824 to the democratic of 1988, the origin of the welfare state in Brazil, to what extent has support to be applied, whether it can be effective or not . KEYWORDS: Liberal state; State of social welfare; Social state; State of providence; Brazil.


2013 ◽  
pp. 91-120
Author(s):  
Edoardo Bressan

In Italy, from the 1930s until the end of the century, the relationship between the Catholic world and the development of the Social state becomes a very relevant theme. Social thought and Catholic historiography issues witness a European civilisation crisis, by highlighting problems of poverty and historical forms of assistance. Furthermore, by following the 1931 Pope Pius XI encyclical Quadragesimo anno these issues interacted with fascist corporativism. After 1945, other key experiences arose, as the discussion on social security as the conclusion of the whole public assistance debate shown. These themes are reported in the Bologna social week works in 1949 and in Fanfani's and La Pira's positions, which present several correspondences with British and French worlds, such as Christian socialism, Reinhold Niebuhr's thought and Maritain's remarks. The 1948 Republican Constitution adopts the Welfare State model assumptions, and it is in those very years that the problem of a system based on a universal outlook arose. Afterwards, governments of coalition led by centre and left-wing parties fostered social security through welfare and health reforms until the '80s. While this model falls into crisis, and new social actors begin to be involved in a context of subsidiarity.


2009 ◽  
Vol 39 (157) ◽  
pp. 577-588 ◽  
Author(s):  
Christina Kaindl

The success of right wing parties in Europe is closely linked to the lack of representation that went along with the neoliberal shift of the social democrats. Feelings of injustice going along with altering the trans-national mode of production, concepts of the welfare state and labour politics were taken into account by rightwing “critics” that fight globalization in fighting immigrants. The crisis and bail-out-politics enforced feelings of injustice but at the same time brought the state – and the unions – ‘back in’ e.g. in creating a ‘clash-for-clunkers’ project. That seems to have weakened right-wing parties in Germany and France presenting themselves as an authoritarian fordistic option, but at the same time strengthened racist campaigns in other countries.


2021 ◽  
Vol 1 ◽  
pp. 23-26
Author(s):  
Albina A. Stepanova ◽  

The article is devoted to the issues of defining Russia as a social state. The author reflects on the constitutional amendments, which are designed to ensure the implementation of the basis of the constitutional order of the social state. The article also indicates that some constitutional amendments are deeper in scope and content than previous rules. Thus, the principle of mutual trust between the state and society can act as a fundamental basis for other principles, in particular, for the principle of social solidarity.


KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 485
Author(s):  
Roberto Viciano Pastor ◽  
Rubén Martínez Dalmau

Crisis del Estado Social en Europa: efectos en la generación del constitucionalismo social en América Latina Resumen: En Europa el Estado social se está erosionando frente a una sociedad que por un lado está perdiendo la motivación, mientras que por otro intenta resistir. Fruto de la debilidad de las disposiciones del constitucionalismo social, el modelo europeo de Estado social experimenta un proceso de transformación del que puede salir absolutamente erosionado, o puede superarse a sí mismo a través de más democracia, una Constitución más normativa y la plena exigibilidad de los derechos sociales. En América Latina, la falta histórica de experimentación plena del Estado social ha sido determinante en la aparición desde finales del siglo XX de nuevas Constituciones democráticas. Estas tienen ante sí el reto, nada fácil, de construir un modelo propio de Estado social adecuado a las necesidades de las sociedades latinoamericanas. En este contexto, el objeto del presente trabajo es analizar las diferencias en la construcción constitucional y evolución del Estado social en Europa y en América Latina, y explicar por qué en Europa podemos referirnos a una crisis del Estado social, mientras que en América Latina asistimos a diversos intentos de generación de un modelo propio de Estado social basado, en algunos países, en nuevos textos constitucionales que tienden hacia la superación de los modelos comparados de constitucionalismo social. En el primer apartado se analizan las razones de la crisis del Estado social en Europa y los retos hacia su superación. En el segundo apartado desarrollamos la problemática latinoamericana en la construcción de su propio modelo de constitucionalismo social, para concluir con el análisis conjunto de las dos experiencias. Palabras clave: Constitucionalismo democrático. Derechos sociales; Estado social; Normatividad constitucional. Nuevo constitucionalismo latinoamericano. Crisis of welfare state in Europe: effects on the generation of the social constitutionalism in Latin America Abstract: The European Welfare State is falling; a part of the society is losing motivation, while the other part tries to resist. As a result of the weakness of the provisions of social constitutionalism, the European model of welfare state undergoes a transformation process with two alternatives: be finished, or be strengthened with more democracy, a more normative Constitution, and full guarantees for social rights. In Latin America, the historical lack of full experience of the Welfare state has been decisive in the appearance of new democratic Constitutions since the end of the 20th century. These Constitutions have the challenge, not easy, to construct a model of social state adequate to the needs of Latin American societies. In this context, the object of the present work is to analyze the differences in the constitutional construction and evolution of the social State in Europe and Latin America, and to explain why in Europe we can refer to a crisis of the social State, while in Latin America we attend to various attempts to generate a model of social state based, in some countries, on new constitutional texts that tend towards overcoming the comparative models of social constitutionalism. In the first section we analyze the reasons for the crisis of the social State in Europe and the challenges to overcome it. In the second section we develop the Latin American problematic in the construction of its own model of social constitutionalism, to conclude with the joint analysis of the two experiences. Keywords: Constitutional normativity. Democratic constitutionalism. New Latin American constitutionalism. Social rights. Welfare State.


2018 ◽  
Vol 54 ◽  
pp. 03008
Author(s):  
Tuti Widyaningrum ◽  
Rike Yunita Budi Hutami

This paper proposed an analytical study and investigation about State-owned enterprises (SOEs) privatization policy against welfare state perspective. Other than having an economic impact it also led to a constitutional polemic in Indonesia. So far, privatization of SOEs is considered as the best solution for SOEs to be more productive and efficient when handled by the private sector rather than controlled and managed by the state. However, the negative impact of privatization is not least disadvantageous for the state especially to the people where there are no guarantees and legitimacy from the state responsibility when SOEs has already profit oriented. This research would like to find a new concept of privatization of SOEs in accordance with the welfare state perspective. This research used a normative juridical legal research method. This method was chosen because the object was of norms and doctrines and legal principles related to the title of this research. The Author believes, Privatization has changed the social welfare schemes at as well as distorted the role and responsibilities of the state in realizing common prosperity. The conclusion is the Government should to review all regulations concerning the SOEs privatization and revoke regulations that are contrary to the welfare state principle in Indonesia.


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