Suchergebnisse

Esta tesis examina la legitimidad de la protección constitucional de los derechos sociales. Si bien los derechos sociales habitualmente son defendidos como exigencias de la justicia social, el hecho de los desacuerdos persistentes y fundamentales sobre cuestiones sustantivas torna inviable la justificación de su control judicial de constitucionalidad. En su lugar, argumento por la protección de los derechos sociales como exigencias de la democracia. Propongo la distinción de dos niveles de derechos sociales. El primer nivel debería ser entendido como encarnando parte de las precondiciones de la legitimidad democrática. Esto es, aquellas condiciones materiales que aseguren la posibilidad de la participación política efectiva de todos los ciudadanos y, por ello, podrían ser protegidos con un control judicial robusto de constitucionalidad. El segundo nivel estaría conformado por las exigencias de la justicia social, cuyo contenido y alcance debería ser decidido por la asamblea democrática y exento de aquel control. ; This thesis examines the legitimacy of constitutionally protecting social rights through the mechanism of judicial review. While social rights are often defended as requirements of social justice, persistent disagreement about the substance and scope of social rights invalidates the justification of judicial review. Instead, I argue for the protection of social rights as demands of democracy. I propose to distinguish between two levels of social rights. A first level should be understood as part of the preconditions of democratic legitimacy that safeguard the effective political participation of all citizens. This level is legitimately protected through strong judicial review. A second level, by contrast, consists of social rights as demands of social justice, the content and scope of which should be decided by the democratic assembly, and remain free of judicial interference.

ABSTRACTThis article approaches social policy as an integral component of a capitalist society and, by drawing on the notion of the double movement introduced by Karl Polanyi, argues that social policy intervention both limits and contributes to market expansion. While this argument could be generally applied to recent social policy changes in the current context of economic globalization, these changes were shaped against different histories of social policy development in early and late industrializing countries. This article examines the increasing importance of social policy in late industrializing countries by focusing on the case of Turkey. It is argued that social policy transformation in Turkey has involved the expansion of social security coverage along with the privatization and marketization of health and pension systems. A new system of labour market regulation has contributed to the commodification of labour while the 'state‐supported familialism', which forms an important aspect of current trends in the area of social care, has served to integrate women in the prevailing flexible employment relations by simultaneously sustaining their position in the gender division of roles within traditional family relations. The populist strategy of polarization pursued by the ruling government is discussed to show how opposition to these trends toward privatization, marketization and labour commodification has been isolated.

The subject of the study is a system of social protection in the context of general welfare theories. Purpose of the article. The aim is research of theoretical-methodological and organizational-legal aspects of the functioning of the system of social protection. Methods of research. General scientific methods were used in the process of research, in particular, comparison, induction and deduction, analysis and synthesis, generalization of information and grouping. Results of the study. The main scientific result of the research is the theoretical substantiation and practical solution of a set of issues related to the problems of studying modern trends and ways of introducing and developing market models of social protection in Ukraine. The field of application of the research results. The results can be applied in the field of studying the problems of the current social protection system and determining the directions for its upgrage. Conclusions. A critical analysis of approaches to the definition of the essence of social protection was conducted, the formation of the social protection system was considered, the models of Otto von Bismarck and Lord Beveridge, their development in the context of the theory of general welfare, analyzed the purpose and functions of social protection in the conditions of development of the social and market economy.

Abstract  This paper explores the relevance of extra local market linkages and local‐level social capital to sustainable livelihood outcomes in two agrarian communities on Mexico's Baja Peninsula. Contextualized by the specificity of Mexico's transition from state‐directed rural development to neoliberally‐guided rural development in the 1990s, findings suggest that market linkages can intersect with pre‐existing social capital to both create new and destroy preexisting social capital, thus shaping the direction of development and inequality outcomes. The nature of a community's social fabric is often a result of long‐standing historical legacies. In the communities presented, the quantity and quality of social capital was intricately connected to their history of state‐sponsored or market agriculture; the nature of local institutions, with particular emphasis on the formation and evolution of the ejido; and the access to and availability of natural resources, namely land and water, which are both intricately connected to market access options. Moving beyond a simple demonstration that social capital matters, this analysis explores the complex and dynamic interaction between local‐level social capital and extralocal market linkages. In doing so, it contributes to the larger debate on how the historical legacy of populist reforms and the social and political institutions created during state populism have nuanced the trajectory of neoliberal development in Mexico.