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Social rights in the constitution and in practice

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  • Ben-Bassat, Avi
  • Dahan, Momi

Abstract

This paper presents a new data set on constitutional commitments to social rights (CCSR) for 68 countries. Quantitative indices are constructed for five social rights: the right to social security, education, health, housing and workers rights. We find two clear groups classified by legal origins: countries which share the tradition of French civil law generally have a higher CCSR than those that share the tradition of English common law. The CCSR in socialist countries is closer to French civil law, whereas countries with a German or Scandinavian tradition resemble the English common law countries more closely. Then the paper addresses the following question: is the constitution a binding constraint on public policy? We have not found a robust effect of CCSR on public policy except for the constitutional right to social security. Journal of Comparative Economics 36 (1) (2008) 103-119.

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  • Ben-Bassat, Avi & Dahan, Momi, 2008. "Social rights in the constitution and in practice," Journal of Comparative Economics, Elsevier, vol. 36(1), pages 103-119, March.
    • Handle: RePEc:eee:jcecon:v:36:y:2008:i:1:p:103-119
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    1. Andrei Shleifer & Florencio Lopez-de-Silanes & Rafael La Porta, 2008. "The Economic Consequences of Legal Origins," Journal of Economic Literature, American Economic Association, vol. 46(2), pages 285-332, June.
    2. Katarzyna Metelska‐Szaniawska, 2021. "Post‐socialist constitutions: The de jure–de facto gap, its effects and determinantsa," Economics of Transition and Institutional Change, John Wiley & Sons, vol. 29(2), pages 175-196, April.
    3. Stefan Voigt, 2011. "Positive constitutional economics II—a survey of recent developments," Public Choice, Springer, vol. 146(1), pages 205-256, January.
    4. Scott Dallman & Anusha Nath & Filip Premik, 2021. "The Effect of Constitutional Provisions on Education Policy and Outcomes," Staff Report 623, Federal Reserve Bank of Minneapolis.
    5. Katarzyna Metelska-Szaniawska & Anna Lewczuk, 2022. "Constitutional overperformance: an empirical study of de facto protection of rights with no de jure equivalents," European Journal of Law and Economics, Springer, vol. 53(2), pages 289-317, April.
    6. Libman, Alexander, 2009. "Constitutions, Regulations, and Taxes: Contradictions of Different Aspects of Decentralization," MPRA Paper 15854, University Library of Munich, Germany.
    7. Justin T. Callais & Andrew T. Young, 2024. "Revolutionary Constitutions: are they revolutionary in terms of constitutional design?," Public Choice, Springer, vol. 200(3), pages 423-455, September.
    8. Ben-Bassat Avi & Dahan Momi, 2016. "Constitutional Commitment to Social Security and Welfare Policy," Review of Law & Economics, De Gruyter, vol. 12(1), pages 165-201, March.
    9. Randall Akee & Arnab K. Basu & Arjun Bedi & Nancy H. Chau, 2014. "Transnational Trafficking, Law Enforcement, and Victim Protection: A Middleman Trafficker's Perspective," Journal of Law and Economics, University of Chicago Press, vol. 57(2), pages 349-386.
    10. Bouchouicha, Ranoua & L’Haridon, Olivier & Vieider, Ferdinand M., 2024. "Law and economic behaviour," Journal of Comparative Economics, Elsevier, vol. 52(1), pages 253-270.
    11. Momi Dahan & Michel Strawczynski, 2010. "Fiscal Rules and Composition Bias in OECD Countries," CESifo Working Paper Series 3088, CESifo.
    12. Voigt, Stefan, 2020. "Mind the Gap – Analyzing the Divergence between Constitutional Text and Constitutional Reality," ILE Working Paper Series 32, University of Hamburg, Institute of Law and Economics.
    13. Hiroaki Matsuura, 2016. "Constitutional social and environmental human rights and child health outcomes in Latin American countries," WIDER Working Paper Series 168, World Institute for Development Economic Research (UNU-WIDER).
    14. Hiroaki Matsuura, 2016. "Constitutional social and environmental human rights and child health outcomes in Latin American countries," WIDER Working Paper Series wp-2016-168, World Institute for Development Economic Research (UNU-WIDER).
    15. Cammeraat Emile, 2021. "The Effect of Constitutional Commitment to Social Security on Social Expenditure Schemes," Review of Law & Economics, De Gruyter, vol. 17(1), pages 193-222, March.

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