Welfare state, unemployment, and social justice: Judgments on the rights and obligations of the unemployed

This article reports judgments on the rights and obligations of the unemployed in The Netherlands. A large majority of the Dutch population is shown to support (i) the unemployed’s right to social security as well as their obligation to work, (ii) the principle that declining a job offering should be punished, and (iii) harsh sanctions in some specific cases of job refusal. An emphasis on the obligation to work results from conservative attitudes regarding both distributive justice (economic conservatism) and retributive justice (cultural conservatism). Furthermore, conservative attitudes regarding distributive justice derive from a privileged economic position (especially high income and infrequent experience of unemployment), whereas conservative attitudes regarding retributive justice result from a restricted cultural position (low level of education, technical rather than cultural type of education, and limited involvement in arts and culture).     

The politics of fiscal policy during economic downturns, 1981–2010

This article investigates fiscal policy responses to the Great Recession in historical perspective. It explores general trends in the frequency, size and composition of fiscal stimulus as well as the impact of government partisanship on fiscal policy outputs during the four international recessions of 1980–1981, 1990–1991, 2001–2002 and 2008–2009. Encompassing 17–23 Organisation for Economic Cooperation and Development (OECD) countries, the analysis calls into question the idea of a general retreat from fiscal policy activism since the early 1980s. The propensity of governments to respond to economic downturns by engaging in fiscal stimulus has increased over time and no secular trend in the size of stimulus measures is observed. At the same time, OECD governments have relied more on tax cuts to stimulate demand in the two recessions of the 2000s than they did in the early 1980s or early 1990s. Regarding government partisanship, no significant direct partisan effects on either the size or the composition of fiscal stimulus is found for any of the four recession episodes. However, the size of the welfare state conditioned the impact of government partisanship in the two recessions of the 2000s, with left‐leaning governments distinctly more prone to engaging in discretionary fiscal stimulus and/or spending increases in large welfare states, but not in small welfare states.     

Differences That Matter: Overcoming Methodological Nationalism in Comparative Social Policy Research

Abstract

Welfare states are often discussed as if they were territorially homogeneous state-wide institutions measurable by state-wide expenditure averages and explained by country-level variables. It is rare in comparative policy studies to investigate the role of territorial politics in the outcomes of even federal countries. This article argues, using social policy examples in the UK and US, that the impact of intergovernmental finance and division of labour profoundly shapes social investment and redistribution – producing almost as much expenditure variance within the US as within the OECD. The findings show the importance of incorporating territorial politics and intergovernmental arrangements into comparative welfare state and policy analysis.     

Unity and Distinctiveness in UK Coalition Government: Lessons for Junior Partners

Parties in coalition governments must address the ‘unity/distinctiveness’ dilemma: how to maintain governing cohesion, while sustaining individual identities. Within the Cameron–Clegg government this is a challenge for both parties, but it is more so for the Liberal Democrats as the junior partner. This paper considers how the Liberal Democrats negotiated this dilemma in relation to ministerial portfolio allocations. While the Liberal Democrat strategy of placing ministers in almost all departments has served the Coalition well in terms of governing unity, it has limited the extent to which they have been able to assert their distinctive contribution to Coalition policy‐making. This is demonstrated through an examination of the Liberal Democrats' influence on Coalition welfare policy. A lack of clear policy contributions is potentially highly damaging to the Liberal Democrats electorally, as it suggests that they have made little substantive contribution to the Coalition beyond propping up their Conservative partners. Accordingly, the paper reflects on lessons for junior partners in future UK coalition governments, suggesting that concentrating ministers within one or two departments may provide a more viable means of carving out a distinctive governing legacy.     

The Electoral Salience of Trade Policy: Experimental Evidence on the Effects of Welfare and Complexity

Why do some trade policies become electorally salient while others do not? While much of the literature argues that citizens act as a domestic constraint in the formation of trade policy, a general consensus has emerged that trade is most often a nonsalient issue among voters. This poses a paradox. On the one hand, trade models hinge upon voters’ rational self-interest and preferences for varying levels of protectionism to keep their governments accountable. On the other hand, the conditions by which trade becomes salient to these very voters in the first place are both undertheorized and untested. Using experimental evidence, I argue that two dimensions of a trade policy affect the likelihood of that issue becoming electorally salient. First, policies with large welfare effects should be more salient. Second, more complex issues should be less salient because such agreements are more likely to obfuscate an individual’s ability to discern its effects. I find support for my hypotheses that a trade policy’s salience tends to increase with the magnitude of its welfare effects and decrease with its complexity.     

TRADE‐OFFS IN FORMULATING A CONSISTENT NATIONAL POLICY ON ADOPTION*

Just as the courts must consider the trade‐off between the best interest of the child and parental rights in involuntary termination of parental rights, policy on international adoption must consider the trade‐offs between the best interest of the child and the long‐term interests of the nation. We argue that countries that suspend international adoptions do not maximize social welfare. A consistent national policy to maximize the well‐being of the children and society at large would be to devote resources today to the oversight of international adoption in accord with child protections under the Hague Convention, while at the same time developing a domestic system of care that provides for the physical and developmental needs of orphaned children in the context of permanent families.     

论行政公益诉讼的原告资格

原告资格的确定是行政公益诉讼制度研究的核心问题,也是构建我国的行政公益诉讼制度要解决的首要问题。在对国外已有的制度模式进行考察并分析我国现行法律关于原告资格问题规定的基础上,指出构建包括检察机关、社会团体、公民在内三元制模式是符合我国实际的制度选择。     

Accommodating Children's Rights in a Post Human Rights Act Era

This article considers why so little case law currently acknowledges that children have recognisable rights under the European Convention on Human Rights and argues that the family courts are not meeting the demands of the Human Rights Act 1998 in this regard. It suggests that a reinterpretation of the 'paramountcy principle' in the Children Act 1989 should be accompanied by a radically different judicial approach to evidence relating to children's best interests. The article considers the difficulties that such an approach might produce when applied to teenagers intent on refusing life-saving medical treatment. It further argues that the courts should call on the substantial body of rights jurisprudence to provide legal and moral support for this revised approach.     

论行政法视野中的类推制度

在作为公法的行政法领域之内,类推制度同样有其得以存在的正当性。行政法领域存在类推制度的原因是:其一,法律漏洞的现实存在;其二,为了避免行政机关侵损法律保留原则;其三,类推制度不违反立法的民主性原则及法的安定性原则。就行政法领域类推制度的适用范围来看,类推制度仅存在于给付行政领域,秩序行政领域不具有该制度得以生成的基础。给付行政领域的类推适用,应秉持整体主义的视角,摒弃不利类推禁止原则,而行政法领域类推制度的适用,应秉持公法优先、兼顾并适当限制私法的原则。     

后工业社会福利国家的压力增加了还是减少了？

尽管对现代福利国家的比较研究已使我们获得了对福利国家如何应对由内因和外因带来的压力拥有了丰富的认识，但对后工业社会这些压力的性质和潜在的含义还不甚明了。在研究的文献中，学者们探讨了诸多对福利国家产生压力的各种社会现象，诸如：全球化、欧洲化、人口的统计规律、个体化和变迁中的劳动力。全球化和欧洲一体化作为外在压力，其对福利国家的影响尚有待证明，而人口老龄化、劳动人口的相对下降、工作年限的缩短、多样化的家庭和个人生活方式等内生压力对福利国家造成的影响要重要得多。压力在后工业社会并不是像大家通常所认为的那样被福利国家消解了或重构了，相反，对福利国家而言，真实情况是压力更多了而不是减少了。