The Judiciary in the 1990s : guardian of the welfare state?
By: WOODHOUSE, Diana
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ArticlePublisher: UK : Policy Press, oct. 1998Subject(s): ChinaPolicy & Politics 26, 5, p. 457-470Abstract: During the 1990s there have been indications that a number of senior judges are concerned to protect and preserve the principles upon which the UK welfare state is based. In addition, they see a correlation between welfare provisions and fundamental human rights and, in some instances, view a withdrawal of these provisions as an infringement of human rights. This article examines judicial attitudes in cases which have raised benefit, health and education issues and suggests that the incorporation of the European Convention on Human Rights may have the effect of increasing the role of the judiciary as guardian of the welfare state
During the 1990s there have been indications that a number of senior judges are concerned to protect and preserve the principles upon which the UK welfare state is based. In addition, they see a correlation between welfare provisions and fundamental human rights and, in some instances, view a withdrawal of these provisions as an infringement of human rights. This article examines judicial attitudes in cases which have raised benefit, health and education issues and suggests that the incorporation of the European Convention on Human Rights may have the effect of increasing the role of the judiciary as guardian of the welfare state
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