Salamon argues that the nonprofit sector is the core or “center” of civil society. He correctly diagnoses the nonprofit sector’s problems but his proposal to “hold the center” through sectoral renewal and a partnership model of state-nonprofit relations is problematic. This is the case in part because the effects of economic globalization are reducing nation-state autonomy. In addition, fragmentation of social identity in a postmodern era challenges sectoral legitimacy, while devolution and localization of social welfare responsibilities reduce nonprofit effectiveness. On the basis of U.S. evidence, I argue that, rather than trying to hold the center, we should decenter the nonprofit sector—away from dominant institutions, powerful groups, and privileged places—and join the margins in an effort to weave a new, more humane and inclusive social contract.

While there has been significant academic focus on social enterprise policy for a number of years now, the links between policy and the practice of social enterprise have received comparatively less attention. Scotland is recognised as having a particularly supportive environment for social enterprise; the Scottish Government has publicly endorsed social enterprise and made considerable investment into the sector. Based upon an in-depth qualitative analysis of the perceptions of social enterprise practitioners and stakeholders across Scotland, we explore whether the rhetoric of support matches practitioners experience of ‘doing’ social enterprise. Reviewing emerging issues and reflecting upon the complex nature of the Scottish context, including in relation to welfare reform, we find that in contrast to the claims of politicians, the attitude of local authorities in Scotland, coupled with a lack of understanding of the needs and requirements of social enterprise at the local authority level, has led to a rather more ‘patchwork’ picture than the rhetoric would seem to suggest. While some local authorities recognise the potential of social enterprise for their local economies and privilege and encourage cooperation, others are less inclined to openly support social enterprise, particularly those that are small in scale. Underpinning these contentions, we argue, are unrealistic expectations about the prospects of social enterprises being able to become ‘sustainable’, and how this could be achieved.

Following the establishment of a national legislature in Wales in 1999 the third sector has entered into a pioneering cross-sectoral partnership with the Welsh government. This paper presents the results of a research project that has studied the new structures of devolved governance through the expectations and participation of voluntary organizations representing three marginalized or “minority” groupings: women, disabled people, and those from an ethnic minority background. The findings reveal that despite varying levels of expectation expressed by “minority” voluntary groups, active engagement of minority groups in policy making has been a feature of the Assembly’s first months. Nevertheless, formidable challenges face both sectoral “partners” in the new system of governance, not least in creating organizational structures that facilitate partnership working in the devolved polity.

This study focuses on the current experience of Nanaimo’s nonprofit family and child service organizations (N =29) providing services on behalf of government and their adaptation to this devolution. The effects and consequences of contracting on organizational practices, accountability, and services were explored through interviews and focus groups with executive directors, board members, line staff, government representatives, and the United Way. Results show that a significant proportion of funding comes from provincial government contracts. The funding climate is uncertain, and there is considerable confusion, stress, and time involved with the contracting process. Accountability requirements are demanding and nonprofit organizations (NPOs) express concern about a shift to a business management model. Recommendations include a need for increased collaboration between NPOs, a body that speaks for the voluntary sector, and improved relationships between NPOs and government funders.

The classical account of administrative law, which holds that unlawful administrative acts are void ab initio and that judicial review remedies such as quashing orders are merely declaratory of such acts’ legal status, appears to be placed in doubt by a range of recent legislative developments, judicial pronouncements and academic commentary. However, the classical account is not only capable of withstanding those apparent challenges: it is constitutionally imperative if collateral challenge is to be maintained and the rule of law thereby upheld.

Fiscal rules for devolved nations present some fundamental challenges not faced when making national fiscal Rules. Most importantly, rules across devolved nations involve a negotiation between the central and devolved governments who have very different objectives and so the framework created ends up as a mix of economics, politics and the vagaries of compromise. This article highlights how these issues have resulted in Scotland finances being heavily influenced by both inflation and population growth in ways that were never intended to become a long run feature of the funding framework.

Here we examine interactions between centralised and devolved employment policy and welfare in Scotland, Wales and England, taking a qualitative approach to gain a street-level perspective. This paper’s twin aims are to challenge the privileging of methodological nationalism in the study of welfare regimes and to offer a substate alternative through a street-level perspective. In the context of prevailing trends towards activation measures and mixed economies of welfare across Western Europe, the UK’s work first approach and categorisation as a Liberal welfare regime of minimal provision is complexified using a devolved policy context.

Our findings on cross-jurisdictional interactions show devolved employment programmes in Scotland and Wales actively reshaping welfare delivery in ways that resist the UK’s historically centralised approach. We contribute to a growing body of literature on substate welfare regimes with significant implications for the privileging of methodological nationalism in the study of work and welfare.

Northern Ireland has been without a Childcare Strategy for more than a decade – the only region in the United Kingdom (UK) that does not have one. As a devolved responsibility, progress in childcare has been significantly limited, and there is currently no government-funded childcare provision available. This is compared to England, Scotland, and Wales, where investment to expand provision has been introduced to help parents meet the cost of childcare by providing funded entitlement. This article examines and discusses policy developments in early education and childcare in Northern Ireland and the other UK nations. It is argued that the lack of progress by the Northern Ireland Executive to develop a Childcare Strategy overlooks it’s economic and social importance and reflects how childcare continues to be underfunded and undervalued.

In 2022, the Welsh Government announced a basic income pilot for care leavers in Wales. This article uses this policy experiment to provide an insight into the relationship between devolution and social citizenship. This article makes two claims. First, the basic income pilot is part of an approach the Welsh Government has taken over the past twenty years to expand the idea of social citizenship to include rights to money. This is justified by a principle of progressive universalism, but this principle also has a wider UK context. Second, the financial constraints imposed by the UK Government frustrates the extent to which the Welsh Government can turn such experiments into reality.

All aspects of law possess scaler elements, but critiques from the ‘politics of scale’, a concept well established in political geography, remain rare in legal analysis. Brexit, especially as regards Northern Ireland, provides a key opportunity to consider scaler analysis both in a descriptive and theoretical sense. Scale deepens our understanding of how law co-constitutes multiple scales but also highlights where a flat understanding of law tied to vertical jurisdictional frames foils attempts to garner a full understanding of its operation. Northern Ireland, a legal and political space that from one perspective lends itself to an apparently clear-cut vertical description of legal scales, actually presents a rich space where networked, rhetorical and nodular scales and structures continuously (re)contest scaled solutions. The Brexit outcome of what used to be known as the Protocol on Ireland/Northern Ireland and is now known as the Windsor Framework – and specifically how the Framework is intended to operate in practice – provides an opportunity to not only understand Northern Ireland within a scale and law frame, but also to highlight the shortcomings of law's traditional scaler approach and what lessons may be learned when analysing or engaging with the intersection of law and politics in similar future situations.

This paper examines the interaction between ‘radical’ constitutional change, in the form of political devolution, and property systems in the UK, from the perspective of those at the margins of those systems. The paper adopts a property ‘from below’ approach and critically applies the theoretical framework developed by AJ van der Walt in Property in the Margins. In that book, van der Walt outlined how property systems frequently operate to resist democratic and constitutional change and transformation through the functioning of the property paradigm, which refers to a set of doctrinal, rhetorical, and logical assumptions and beliefs about the relative value and power of discrete property interests in law and in society. Building on van der Walt's work, this paper takes eviction, which represents the landlord's apex right, as a case study and considers how qualifications of that right have been reformed by the Private Housing (Tenancies) (Scotland) Act 2016. It is argued that while the strength of the property paradigm is apparent in both English and Scottish property systems, Living Rent, a national tenants’ union in Scotland, have organised tenants to effectively contest and, in some respects, displace the logic of the property paradigm during the reform process.