The rise of the regulatory constitutional welfare state, publicization and constitutional social rights: The case of Israel and Britain
This study investigates the mechanisms that courts apply to expose private social service suppliers to constitutional duties. In doing so, the article suggests two variants of welfare regimes: the regulatory constitutional welfare state and the regulatory constitutional neoliberal welfare state. We outline how constitutional rights, including social rights, are applied to private entities, and the tests that courts use in doing so. We then analyze the transformation of traditional jurisprudence in Israel since the 1990s, and discuss developments in British jurisprudence, which embraces a neoliberal approach. We end with an analysis of the differences between British and Israeli jurisprudence to highlight our theoretical framework’s contribution to comparative research.
Dr. Lilach Litor is a lecturer at The Open University of Israel. Her research focuses on the intersection of regulation, public law, and labor relations. She is the author of the book Strike: Law, History and politics. 2019 and co-author of Judicial Activism and Passivism 2008 .
Gila Menahem is a retired professor, Department of Public Policy, Tel Aviv University. She studies policy formulation, policy paradigms, and policy networks. Her recent research deals with collaborative governance in local municipalities.
Hadara Bar-Mor is an associate professor in the School of Law at Netanya Academic College, Israel. Her fields of research include labor and employment law, corporate law, and nonprofit law. Her recent articles deal with the nature of strike as a basic right and with lifting the veil in employment tribunals.