What Are the Different Types of Fringe Benefits?

The right to welfare is all the rights that human beings have about the survival and development of individuals in society. It is the most basic part of human rights. Due to the different social environment, there are differences in the content of the right to welfare. In different contexts, they also have different meanings. This is a very broad concept.

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Scholars who support the right to welfare often demonstrate that the right to welfare can be guaranteed by observing the fuzzy boundary between negative and positive rights. Of course, even they have not completely denied the distinction between negative and positive rights. For scholars who oppose the right to welfare, they often define the right to welfare as a positive right. For example, the scholar David Kelley believes that the "welfare right" has different characteristics from the traditional right to freedom.

The second meaningful argument about the nature of the right to welfare is,

Whether or not welfare rights require constitutional provisions has been discussed more in countries where welfare rights have not been constitutionalized. For example, the United States is typical. Even for scholars who recognize the right to welfare as a legal right, there are still many disputes as to whether it can be written into the constitution. For most Americans, writing the right to welfare into the federal constitution seems incredible. Since the United States Constitution, the court has been restraining the protection of such rights. So, should these rights be written into the constitution? Does writing the constitution mean better protection?

1. Reasons for supporting and opposing the constitutionalization of the right to welfare

The US Federal Constitution does not expressly provide for the right to welfare. But since the 1960s, American public law scholars have tried to find the possibility of deducing welfare rights from the constitution. For example, Professor Bendich and Professor Cox have separately discussed the due process clause. A positive right that the due process requires the government to have the obligation to provide citizens with the minimum required. Professor Miller argues that the entire structure of the federal constitution contains positive rights. [22] It can be seen that, for the right to welfare, even if it is not explicitly written into the Constitution in the minds of Americans, it is exciting to find a guarantee basis from the Constitution.

However, more scholars have expressed deeper worries about the constitutionalization of welfare rights than those scholars who are seeking welfare rights. Holmes and Sunstein's work outlines the path of argument against constitutionalization of the right to welfare. In their view, "the constitution is a legal document with a limited mandate. If a country tries to make everything that a decent society needs legally enforceable and judicially enforceable, its constitution is in danger of losing consistency. If Americans create In order to rely on economic conditions for expensive constitutional rights to housing and health care, I would rather overload the bill of rights. "

The main reason for opposing the right to welfare in the Constitution is that the right to welfare is a right that depends on economic conditions.

For the United States, although its constitution does not establish certain welfare rights or some constitutional norms on welfare states. However, this does not mean that the relevant institutions of the US welfare state are lacking. As Professor Henkin said: "Undoubtedly, the United States is now a welfare state. The obligation to a certain minimum personal welfare, although not in the constitution, is deeply and deeply rooted in the life of the country .... But it is not a welfare state enforced by the Constitution. Indeed, in the face of strong constitutional resistance, it has become a welfare state .... And the reason why the United States is a welfare state is due to the charity of Congress. According to the Constitution In principle, Congress may cancel the welfare system at any time, and states may end public education. "[33] From this argument, although the right to welfare may not be a constitutionally prescribed or recognized right, it does not mean that it is in practice Weaknesses in the construction of the welfare state and social security system.

In comparison with other countries, it can be seen that there does not seem to be a strict relationship between the statement of the right to welfare in the constitution and the welfare state. It measures the proportion of the state s investment in medical care, housing, social security and social assistance. This can be found. For example, in the United Kingdom, there is no constitutional right to welfare, but it still invests a considerable proportion of social security expenditures than other wealthier "neighbors." Similar social security spending in Germany, which simply claims to be a "social state," is clearly greater than those in Sweden and Italy, whose welfare rights are explicitly stated in the constitution.

However, due to the different status of welfare rights in the constitution, the political processes and policy outcomes of social security in different countries have different characteristics. The constitutional status of the right to welfare affects some kind of welfare commitment through such descriptions and regulations. In some traditional welfare states, the welfare rights can be better realized by constitutionalizing them. Further, when constitutional rights and judicial review exist, it will respond or deny social security policies more effectively. For example, in the United States, due to the lack of a welfare state and welfare rights in the constitutional sense, the implementation of welfare rights often relies on private organizations and state agencies. In contrast, many socialist countries often recognize certain welfare rights in their constitutions, which makes the country stipulated certain obligations to develop and improve social security systems, such as China's constitution. In view of the provisions of the Constitution, the realization of these welfare rights often has certain "universal" characteristics, requiring a more comprehensive establishment of the social security system.