Full Description
This book presents a socio-legal examination of national and devolved-level developments in social protection in the UK, through the eyes of politicians and officials at the heart of this process.
Since its inception in 1998, devolution has altered the character of the UK welfare state, with dramatic change in the 10 years since 2010. A decade of austerity at national level has exposed diverging view in how governments in London, Edinburgh and Belfast view the social rights of citizenship. This political divide has implications for both social security law, as the devolved countries begin to flex their muscles in this key area for citizens' economic welfare, and the constitutional settlement.
The book reflects on the impact of austerity, the referendum on Scottish independence and subsequent changes to the devolution settlement, Northern Ireland's hesitant moves away from parity with Westminster in social protection, withdrawal from the European Union (Brexit), and the possible retreat from austerity during the COVID-19 pandemic.
The social union may or may not be weakening; its character is unquestionably changing, and the book lays bare the ideological and pragmatic considerations driving legal developments. TH Marshall's theory of citizenship provides the lens through which these processes are viewed, while itself being reinterpreted in light of the national government's increasing delegation of responsibility for social rights - whether to individuals, the voluntary sector or lower tiers of government.
Contents
1. Introduction: Social Citizenship in an Age of Welfare Regionalism
Introduction
Social Citizenship
Social Security and Multi-level Governance
The Social Union and Welfare Regionalism
Enter Coronavirus
A Socio-legal Study of Social Citizenship
Structure of the Book
2. A Socio-legal Perspective on Social Citizenship
Introduction
Marshall's Theory of Citizenship: From Civil Rights to a 'Right to Welfare'
Sources of Rights: Why Citizenship?
On the Nature and Enforceability of Social Rights
Conclusion
3. Social Citizenship and Multi-level Governance
Introduction
Social Citizenship and Multi-level Governance
The Welfare State in the UK's Devolution Settlement
Towards Devolved Approaches to Social Security
Conclusion
4. Twenty-first-century Welfare and the UK Model of Social Citizenship
Introduction
The Legislative Development of the Twenty-first-century Welfare State
Implications for Social Citizenship
Social Citizenship in a Pandemic
Conclusion
5. Constructing Devolved Social Citizenships: Divergence from the UK Model of Social Security
Introduction
A Devolved-level Vision for Social Citizenship?
Developing Social Security Policy and Systems
Divergence in Devolved Social Security Benefits
Administration, Service Delivery and Culture
Conclusion
6. Rights and 'Fairness' in UK and Devolved Social Citizenships
Introduction
Human Rights and UK Social Security
Human Rights in Devolved Social Security
Fairness - To Whom?
Conclusion
7. The Foundations of Devolved Social Citizenships
Introduction
Socio-economic Factors
Ideological Factors
Institutional Factors
Conclusion
8. Social Citizenship and the Constitutional Future of the UK: Welfare Unionism, Nationalism and Regionalism
Introduction
Which Nation?
National Identity as Ideological Identity
Welfare Unionism, Nationalism and Regionalism
An 'Enduring Settlement' Achieved?
Conclusion
9. Towards Devolved Social Citizenships: How Far Have We Come and Where Are We Going?
Introduction
Scotland: From Principles to Practice
Northern Ireland: Commitment to Parity Wanes, the Practice of Parity Remains
Forces for Parity
Policy Learning between Northern Ireland and Scotland
Conclusion
10. Conclusion: The State of the Social Union
Introduction
Trajectories in Social Citizenship(s)
A Vision for Social Citizenship - Or Visions for Social Citizenships?
Still a UK Social Security System?
The Social Union and the Political Union
Marshall's Theory of Citizenship in a Regionalised Welfare State
Reflections
