Rights, duties and conditioning welfare

Paz-Fuchs, Amir (2008) Rights, duties and conditioning welfare. Canadian Journal of Law and Jurisprudence, 21. pp. 175-198. ISSN 0841-8209

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Somewhere between welfare to work policy and the jurisprudential analysis of rights and duties lies the third way motto of no rights without responsibilities. This paper shows how this proclamation offers no less than a new construction of one's rights insofar as they depend on the obligations that he or she owes society. Investigating this new formulation through the established perspectives of the Interest (or Benefit) Theory and the Choice (or Will) theory sheds light on the jurisprudential background of this move, and its possible consequences. The paper then moves to describe the concrete impact that this theoretical reconstruction has on provisions embedded in welfare to work programs, and suggests that this may serve as a pilot for a more comprehensive, and thus problematic, social policy. In the final section of the paper, the doctrine of unconstitutional conditions is revisited and improved in a way that, if accepted, may bar governments from diluting rights of disadvantaged groups and endangering them into becoming illusor

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law
Depositing User: Amir Paz-Fuchs
Date Deposited: 18 Sep 2013 07:34
Last Modified: 10 Mar 2017 22:01
URI: http://srodev.sussex.ac.uk/id/eprint/46310

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