Constitutional Protection of Rights to Social Security in the United Kingdom
STUDY ON THE WORLDWIDE CONSTITUTION LAW, Beijing, China Chapter of the International Association of Constitutional Law, Mo Jihong (ed), pp. 37-57, 2012
22 Pages Posted: 16 Mar 2012
Date Written: March 15, 2012
This paper surveys they ways in which social security is protected in the constitutional system of the United Kingdom. There are three broad questions calling for constitutional analysis, each of which relates to perennial debates about the respective roles of the executive, Parliament and the judiciary. First, to what extent is and should government policy preferences on entitlement to and levels of social security be constrained by constitutional norms? Second, to what extent is and should it be permissible for social security benefits to be made conditional on individuals behaving in specified ways. Third, whether courts should have greater powers to enforce human rights norms on social security and other social rights.
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