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date: 24 September 2018

Abstract and Keywords

The tremendous social inequalities provoked by the laissez-faire model of state led to the advent of the ‘Social Question’ and socialism, and finally to state intervention in social matters. First, during the interbellum period, in Soviet Russia, the Fascist and Nazi regimes, and only after 1945 in democratic states where a consolidated welfare state model developed, until in the 1980s its cost began to grow untenably, and governments started cutting taxes and reducing social spending. The welfare state has impacted European legal systems in crucial aspects like the ‘constitutionalization’ of social rights; the appearance of collective bargaining as a source of law; the creation of specific procedures to solve labour conflicts, as the mixed council of workers and employers or the creation of specific public social jurisdictions; and, finally, scholarly social law, that started in Weimar Germany, and later expanded to the UK and most European law schools.

Keywords: poor laws, corporatism, Beveridge model, welfare capitalism, deregulation, basic income, fundamental social rights, collective bargaining, labour court, social law

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