scholarly journals BEYOND THE FLIGHT FROM CONSTITUTIONAL LEGALISM: RETHINKING THE POLITICS OF SOCIAL POLICY POST-CHARLOTTETOWN

2011 ◽  
Vol 12 (1, 2 & 3) ◽  
pp. 2002 ◽  
Author(s):  
Sujit Choudhry

A decade after the demise of the Charlottetown Accord in 1992,1 one of the most visible features of federal-provincial relations is the replacement of constitutional with non-constitutional policy instruments to secure many of the same ends — what I term the “flight from constitutional legalism.” Instead of constitutional amendments, the instrument of choice is the non-legal, intergovernmental accord. The leading examples are the Social Union Framework Agreement2 and the Agreement on Internal Trade,3 which in differing levels of detail set out both a normative framework and an institutional architecture to manage the Social Union and the Economic Union, respectively.

2018 ◽  
Vol 7 (11) ◽  
pp. 241 ◽  
Author(s):  
Vladimíra Žofčinová ◽  
Zuzana Horváthová ◽  
Andrea Čajková

Tax sovereignty is now an expression of the phenomenon of state power. In general, there is a widespread but also accepted view that a citizen is dependent on the state and the state is dependent on tax resources. The social status of a citizen in the state is of great importance; it affects the development of personality and, last but not least, reflects the degree of democracy acquired in a particular state. Various tax law measures for the benefit of the citizen are important for the identification of social behavior and are an attempt to improve certain ways of life. The aim and ambition of this article is to emphasize the tools of social policy (e.g., minimum wage, subsistence minimum, social right to work) that are related to the social function of taxing income. In this context, the authors deal with a social function of tax collection and imposing of taxes, justice in taxation, and point out social aspects of the system of taxes in the Slovak Republic. In this article, the authors present the attitudes of both critics and proponents. It also deals with tax justice, which is often a category subjective to the evaluator. The benchmarking attribute of tax collection should be that citizens will have the certainty of social justice in the state and will therefore pay attention to the minimum wage and subsistence minimum as an integral part of tax policy under the legal conditions of the Slovak Republic. All tax legislation, especially tax reform, is perceived with a certain sensitivity regarding tax subjects.


2016 ◽  
Vol 15 (3) ◽  
pp. 417-420
Author(s):  
Theodoros Papadopoulos ◽  
Ricardo Velázquez Leyer

Latin America has emerged as a social policy ‘laboratory’ in recent decades and most prominent among the social policy innovations developed in the region are the so-called Conditional Cash Transfer (CCT) programmes (Cecchini et al., 2015; Borges Sugiyama, 2011; Martínez Franzoni et al., 2009). They have been widely promoted by international organisations across the world as policy instruments that enhance human capital and the agency of participants while reducing poverty and inequality and promoting co-responsibility and self-help in the long-term (see Sandberg, 2015; Bastagli, 2009; Lomelí, 2008, 2009).


2011 ◽  
Vol 12 (1, 2 & 3) ◽  
pp. 2002 ◽  
Author(s):  
Sujit Choudhry

The standard story in public policy and constitutional circles on the relationship between the Constitution and the Canadian Economic Union is a story of constitutional failure: that the Constitution has proven to be ineffective at furthering the integration of the Canadian economy.1 As a consequence, securing this goal requires either constitutional amendment or, in the face of the impossibility of large-scale constitutional change, the use of non-constitutional policy instruments such as the Agreement on Internal Trade, an intergovernmental agreement designed to remove barriers to interprovincial economic mobility.2 In this paper, I challenge this view. My argument is that constitutional litigation under the Charter’s3 mobility rights provisions can serve as an effective alternative to the various mechanisms (adjudication and negotiation) established under the AIT to further the integration of the Canadian economy. Moreover, I suggest how constitutional litigation can actually strengthen the AIT, rather than simply serve as an alternative to it.


2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Eberhard Eichenhofer

<p>The present paper argues that the European integration process has eroded the competence of member states in the social policy field. This process is discerned both in primary and secondary legislation, as well as in growing impact of soft policy instruments, such as the open method of coordination (OMC). However, this influence will not result in the formation of a European welfare state, but will be based on strengthened action within a supranational organization.</p>


Author(s):  
Anton Hemerijck

This chapter looks at the new integration of social with economic policy from the developing economies perspective. It will highlight the key social policy instruments in what were seen as ‘pre-welfare state’ economies, before surveying the ‘social policy spring’ occurring notably in Latin America and in Asia. The chapter will draw out the main learnings for social policy research from the new productivist models associated with Inclusive Growth.


2020 ◽  
Vol 338 ◽  
pp. 265-275
Author(s):  
Daniel Zimmermann

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.


2018 ◽  
Vol 28 (1) ◽  
pp. 265-272
Author(s):  
Venelin Terziev ◽  
Preslava Dimitrova

The social policy of a country is a set of specific activities aimed at regulating the social relations between different in their social status subjects. This approach to clarifying social policy is also called functional and essentially addresses social policy as an activity to regulate the relationship of equality or inequality in society. It provides an opportunity to look for inequalities in the economic positions of individuals in relation to ownership, labor and working conditions, distribution of income and consumption, social security and health, to look for the sources of these inequalities and their social justification or undue application.The modern state takes on social functions that seek to regulate imbalances, to protect weak social positions and prevent the disintegration of the social system. It regulates the processes in society by harmonizing interests and opposing marginalization. Every modern country develops social activities that reflect the specifics of a particular society, correspond to its economic, political and cultural status. They are the result of political decisions aimed at directing and regulating the process of adaptation of the national society to the transformations of the market environment. Social policy is at the heart of the development and governance of each country. Despite the fact that too many factors and problems affect it, it largely determines the physical and mental state of the population as well as the relationships and interrelationships between people. On the other hand, social policy allows for a more global study and solving of vital social problems of civil society. On the basis of the programs and actions of political parties and state bodies, the guidelines for the development of society are outlined. Social policy should be seen as an activity to regulate the relationship of equality or inequality between different individuals and social groups in society. Its importance is determined by the possibility of establishing on the basis of the complex approach: the economic positions of the different social groups and individuals, by determining the differences between them in terms of income, consumption, working conditions, health, etc .; to explain the causes of inequality; to look for concrete and specific measures to overcome the emerging social disparities.


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