THE JUDICIARY IN THE 1990S - GUARDIAN OF THE WELFARE-STATE

During the 1990s there have been indications that a number of senior j udges are concerned to protect and preserve the principles upon which the UK welfare state is based. In addition, they see a correlation bet ween welfare provisions and fundamental human rights and, in some inst ances, view a withdrawal of these provisions as an infringement of hum an rights. This article examines judicial attitudes in cases which hav e raised benefit, health and education issues and suggests that the in corporation of the European Convention on Human Rights may have the ef fect of increasing the role of the judiciary as guardian of the welfar e state.