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The Constitutional Conditions of the Welfare States: In the Contexts of South Korea and Sweden
Paperback
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ISBN13: 9789176352953
Publisher: Stockholm University Press
Pages: 554
Weight: 1.40
Height: 1.12 Width: 5.50 Depth: 8.50
Language: English
This anthology offers a comparative and interdisciplinary examination of the constitutional foundations of welfare states in Sweden and South Korea, two countries that exemplify distinct yet complementary trajectories in the pursuit of social protection and economic equality. Bringing together a diverse group of scholars, the volume investigates how welfare rights are conceptualized, institutionalized, and implemented within different constitutional and legal contexts, shedding light on the complex relationship between law, politics, and social policy.
At the heart of the book lies a central question: what role does the constitution play in shaping welfare politics? Is it a proactive force that structures and drives the development of social rights, or does it function more as a reflective framework, mirroring broader political, economic, and cultural dynamics? Through both theoretical inquiry and detailed sector-specific analyses, covering areas such as labour law, social insurance, and education, the contributors explore how constitutional principles are translated into concrete welfare arrangements in practice.
The volume situates these analyses within broader traditions of constitutional thought, including the tension between political and legal constitutionalism, and examines how different legal cultures mediate the balance between democratic decision-making and rights protection. The Swedish case demonstrates how an expansive welfare state can develop with relatively limited constitutional entrenchment of social rights, relying instead on political processes, administrative structures, and societal trust. In contrast, the South Korean case highlights a more recent and dynamic welfare evolution, in which written constitutional provisions, judicial interpretation, and rapid socio-economic transformation play a more visible role.
By juxtaposing these two contexts, the anthology reveals that welfare states are not uniform models but evolving legal and political projects shaped by historical experience, institutional design, and societal values. It underscores that constitutional frameworks are not merely static legal texts but living instruments that interact with political actors and social forces to enable (or constrain) the realization of social justice.
Timely and thought-provoking, this book will be of interest to scholars, policymakers, and students of constitutional law, comparative politics, and social policy. It provides a nuanced understanding of how different constitutional orders engage with the challenges of welfare governance in an era of rapid social and economic change.
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