Notional defined contribution (NDC) accounts represent a new model for social security reform that so far has been adopted in seven countries. While NDC schemes remain public, they call for the individual accounts favored by neoliberal policy analysts. NDC schemes would address many of the demographic and fiscal problems threatening pension systems but, depending on the country, could do so in a way that puts low-paid workers and women at greater risk than do the schemes being replaced. NDC systems are often the result of a compromise between different interest groups, typically between neoliberal economic elites on the right and labor unions or pensioners' organizations on the left.
Legislative language is a crucial, yet somewhat overlooked element of British politics. So how has the language of British legislation changed over the past century? For this study, all 191,080 pages of legislation enacted between 1900 and 2015 were assessed for changes in the quantity of legislation, and 5,878 sections of legislation from 1920 to 2015 were analysed for changes to the quality of language. Parts of speech that affect the subject, object and verb of sentences were recorded, giving a novel long‐term study of indeterminacy in legislative language. Findings show that interpreting legislation became increasingly dependent on circumstance and discretion after the war. Change further accelerated after 1975. This reflected a widening gap between public demands placed on government power and the difficulties faced in accommodating these demands.
Why does the British government increasingly lose immigration cases in court? More broadly, what can explain the changing behaviour of appeal court judges? It is because government powers to manage immigration, delegated by Parliament, are increasingly couched in indeterminate language. Indeterminacy in legislation not only allows for executive discretion but also encourages litigation. Parliament has therefore provided the cause of action, and judges are not being ‘activist’. This argument revitalises, with nuance, the legal model of judicial behaviour. New evidence supports the claim, with discourse analysis of all 1233 sections of immigration legislation enacted from 1905 to 2016 showing an increase in indeterminacy. Logit regression modelling of 252 immigration appeal cases between 1970 and 2012 shows that changes to language and the administration of the law can explain the outcome in 73% of cases.
Using analysis from machine readings of all legislation enacted between 1900 and 2015, this book discusses the social impact of increasingly elastic legislative language on the contemporary workings of the British constitution.
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