Neoliberalism and the Retraction of Welfare Law: A Theoretical Critique

Abstract

This article provides a comprehensive critical analysis of the relationship between neoliberalism and the retraction of welfare law. It investigates how neoliberal ideologies, characterized by market deregulation, privatization, and reduced state intervention, have reshaped welfare policies and impacted social equity and access to welfare services. Through an interdisciplinary approach, the article examines the theoretical underpinnings of neoliberalism, analyzes its socio-economic effects, and explores its legal implications for welfare provision. Case studies from the United Kingdom and Australia serve to illustrate the real-world impacts of neoliberal policies on welfare law. Furthermore, the article engages with counter perspectives, offering insights into theoretical and practical alternatives that challenge neoliberal approaches, such as social democracy, participatory democracy, and post-Keynesian economics. It proposes reforms aimed at mitigating the adverse effects of neoliberal policies, emphasizing the reinstatement of welfare as a universal right, adopting progressive taxation policies, promoting cooperative welfare models, and enhancing accountability in welfare service delivery. This critique contributes to the ongoing debates on the role of the state, market, and individual in securing social welfare, advocating for a paradigm shift towards more equitable, inclusive, and democratic welfare policies.