Lucy Vickers
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198268307
- eISBN:
- 9780191683497
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268307.001.0001
- Subject:
- Law, Company and Commercial Law
This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees ...
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This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees need protection when speaking about immediate threats to health and safety or serious financial malpractice, but they also need protection when participating in debate on matters that are in the public interest. The book suggests that the rights of employees to participate in debate on matters of public interest are vital to a healthy democratic system. The book begins with a study of the philosophical basis for protecting the right to free speech and considers the extent to which that right should survive entry to the workplace. It establishes a principled basis upon which to determine the proper scope of the employee's right to free speech, taking into account the rights of both employers and employees. The impact of the Human Rights Act 1998 and the law under article 10 ECHR is assessed, together with the question of when the exercise of free speech by an employee breaches the contract of employment. The book contains a detailed treatment of the Public Interest Disclosure Act 1998, the rules on unfair dismissal, and the special position of employees working in the civil service, local government, and the NHS. Throughout the discussion of these issues, an assessment is made of the extent to which the current law complies with the proposed model for protection of employee speech.Less
This book examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. Most obviously, employees need protection when speaking about immediate threats to health and safety or serious financial malpractice, but they also need protection when participating in debate on matters that are in the public interest. The book suggests that the rights of employees to participate in debate on matters of public interest are vital to a healthy democratic system. The book begins with a study of the philosophical basis for protecting the right to free speech and considers the extent to which that right should survive entry to the workplace. It establishes a principled basis upon which to determine the proper scope of the employee's right to free speech, taking into account the rights of both employers and employees. The impact of the Human Rights Act 1998 and the law under article 10 ECHR is assessed, together with the question of when the exercise of free speech by an employee breaches the contract of employment. The book contains a detailed treatment of the Public Interest Disclosure Act 1998, the rules on unfair dismissal, and the special position of employees working in the civil service, local government, and the NHS. Throughout the discussion of these issues, an assessment is made of the extent to which the current law complies with the proposed model for protection of employee speech.
Lucy Vickers
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198268307
- eISBN:
- 9780191683497
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268307.003.0005
- Subject:
- Law, Company and Commercial Law
This chapter considers the extent to which these various provisions provide adequate employment protection for free speech. Employees who exercise the right to free speech about work may well find ...
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This chapter considers the extent to which these various provisions provide adequate employment protection for free speech. Employees who exercise the right to free speech about work may well find their employers less than pleased. The employer may perceive the employee's action to be disloyal as well as disliking any adverse publicity that results from the speech. In response, the employer may take disciplinary action against the employee, and may even dismiss them. The Public Interest Disclosure Act 1998 extends the law on unfair dismissal to provide automatic protection for employees who raise matters of concern relating to designated types of wrongdoing or malpractice at work. In addition, several statutes, such as the Sex Discrimination Act 1975, provide protection for employees who disclose that their standards are not being met.Less
This chapter considers the extent to which these various provisions provide adequate employment protection for free speech. Employees who exercise the right to free speech about work may well find their employers less than pleased. The employer may perceive the employee's action to be disloyal as well as disliking any adverse publicity that results from the speech. In response, the employer may take disciplinary action against the employee, and may even dismiss them. The Public Interest Disclosure Act 1998 extends the law on unfair dismissal to provide automatic protection for employees who raise matters of concern relating to designated types of wrongdoing or malpractice at work. In addition, several statutes, such as the Sex Discrimination Act 1975, provide protection for employees who disclose that their standards are not being met.
Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780198081760
- eISBN:
- 9780199082360
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198081760.003.0012
- Subject:
- Law, Constitutional and Administrative Law
This essay revisits a classic work in the field of comparative public interest law, in relation to its conclusions on the potential of Public Interest Litigation (PIL) for countries in the global ...
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This essay revisits a classic work in the field of comparative public interest law, in relation to its conclusions on the potential of Public Interest Litigation (PIL) for countries in the global South. Published in 1987, The Role of the Judiciary in Plural Societies (ROJ) comprises a selection of academic papers presented at two workshops held in Surajkund, India and Eldoret, Kenya in August 1983 and February 1985 respectively. It addressed the role of judiciaries in aiding public interest law movements in five countries across Asia and Africa. It concluded that judicial activism, encouraged by social action litigation [or PIL], inspired by constitutional values, may be regarded as a vital human technology for social change in impoverished societies. After describing the Indian experience with Public Interest Litigations (PIL) in the last twenty five years, the author outlines the growing discontent among progressives over PIL, and the reasons for such a trend. The author concludes that the judiciary should reformulate its role in PIL by giving up the ‘command-and-control’ methods that have led to some of the gravest problems of contemporary PIL jurisprudence, including those where the judiciary has spurned the interests of the original constituency of PIL. The judiciary should focus on being an ally to strong civil society groups and movements in their attempt to make the processes of Indian democracy more participatory, inclusive, and effective in pursuing the developmental goals enshrined in the Constitution.Less
This essay revisits a classic work in the field of comparative public interest law, in relation to its conclusions on the potential of Public Interest Litigation (PIL) for countries in the global South. Published in 1987, The Role of the Judiciary in Plural Societies (ROJ) comprises a selection of academic papers presented at two workshops held in Surajkund, India and Eldoret, Kenya in August 1983 and February 1985 respectively. It addressed the role of judiciaries in aiding public interest law movements in five countries across Asia and Africa. It concluded that judicial activism, encouraged by social action litigation [or PIL], inspired by constitutional values, may be regarded as a vital human technology for social change in impoverished societies. After describing the Indian experience with Public Interest Litigations (PIL) in the last twenty five years, the author outlines the growing discontent among progressives over PIL, and the reasons for such a trend. The author concludes that the judiciary should reformulate its role in PIL by giving up the ‘command-and-control’ methods that have led to some of the gravest problems of contemporary PIL jurisprudence, including those where the judiciary has spurned the interests of the original constituency of PIL. The judiciary should focus on being an ally to strong civil society groups and movements in their attempt to make the processes of Indian democracy more participatory, inclusive, and effective in pursuing the developmental goals enshrined in the Constitution.
Jefferson Decker
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780190467302
- eISBN:
- 9780190600587
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190467302.003.0006
- Subject:
- History, American History: 20th Century, Political History
The emergence of conservative public-interest law provoked controversy within the American right, where many leading legal intellectuals worried that conservative legal activism threatened ...
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The emergence of conservative public-interest law provoked controversy within the American right, where many leading legal intellectuals worried that conservative legal activism threatened conservative legal principles by asking courts to resolve political disputes. Conservatives, including Kit Bond of Great Plains Legal Foundation and Daniel Popeo of Washington Legal Foundation, began to debate the virtues and vices of public-interest law, shifts in US legal culture, and methods of thinking about the “rights revolution” that was initially sparked by the African American struggle for equality but eventually spread more broadly. At Washington Legal Foundation, Popeo articulated a variety of conservative counter-rights on social, cultural, and foreign policy issues. At Capital Legal Foundation, lawyer Dan Burt argued that conservative legal groups needed to challenge the rules and culture that had allowed public-interest law to flourish in the first place.Less
The emergence of conservative public-interest law provoked controversy within the American right, where many leading legal intellectuals worried that conservative legal activism threatened conservative legal principles by asking courts to resolve political disputes. Conservatives, including Kit Bond of Great Plains Legal Foundation and Daniel Popeo of Washington Legal Foundation, began to debate the virtues and vices of public-interest law, shifts in US legal culture, and methods of thinking about the “rights revolution” that was initially sparked by the African American struggle for equality but eventually spread more broadly. At Washington Legal Foundation, Popeo articulated a variety of conservative counter-rights on social, cultural, and foreign policy issues. At Capital Legal Foundation, lawyer Dan Burt argued that conservative legal groups needed to challenge the rules and culture that had allowed public-interest law to flourish in the first place.
Joe Earle, Cahal Moran, and Zach Ward-Perkins
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9781526110121
- eISBN:
- 9781526120748
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526110121.003.0007
- Subject:
- Economics and Finance, History of Economic Thought
This chapter argues that we need new political and economic institutions which are participatory, inclusive and accessible and sets out some ideas about how this can be achieved. These can be the ...
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This chapter argues that we need new political and economic institutions which are participatory, inclusive and accessible and sets out some ideas about how this can be achieved. These can be the catalyst for the development of a popular democratic culture of public participation in economic discussion and decision making.Less
This chapter argues that we need new political and economic institutions which are participatory, inclusive and accessible and sets out some ideas about how this can be achieved. These can be the catalyst for the development of a popular democratic culture of public participation in economic discussion and decision making.
Thomas O. McGarity
- Published in print:
- 2013
- Published Online:
- October 2013
- ISBN:
- 9780300141245
- eISBN:
- 9780300195217
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300141245.003.0003
- Subject:
- Economics and Finance, Economic History
This chapter explains that the statutory changes of the Progressive, New Deal, and Public Interest Eras came in response to perceived crises in the political economy as manifested in media reports of ...
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This chapter explains that the statutory changes of the Progressive, New Deal, and Public Interest Eras came in response to perceived crises in the political economy as manifested in media reports of widespread corporate abuses. Guided by the insights of Progressive Era legal realists, state supreme courts abandoned many Laissez Faire Era legal doctrines that limited corporate liability. Cumulatively, the statutes imposed broad obligations on companies to pay far more attention to the impact of their products and activities on their consumers, workers, neighbors, and the environment than they had in the past. Although the changes mandated by the new statutes rarely demanded more than what was already technologically feasible, they greatly improved the lives of most Americans.Less
This chapter explains that the statutory changes of the Progressive, New Deal, and Public Interest Eras came in response to perceived crises in the political economy as manifested in media reports of widespread corporate abuses. Guided by the insights of Progressive Era legal realists, state supreme courts abandoned many Laissez Faire Era legal doctrines that limited corporate liability. Cumulatively, the statutes imposed broad obligations on companies to pay far more attention to the impact of their products and activities on their consumers, workers, neighbors, and the environment than they had in the past. Although the changes mandated by the new statutes rarely demanded more than what was already technologically feasible, they greatly improved the lives of most Americans.
Christoph Strünck
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9781447306252
- eISBN:
- 9781447310983
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447306252.003.0015
- Subject:
- Sociology, Politics, Social Movements and Social Change
Public interest groups in Germany use policy analysis in two crucial ways: They dig out empirical evidence for policy instruments and they seek to frame those instruments preferred. The chapter ...
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Public interest groups in Germany use policy analysis in two crucial ways: They dig out empirical evidence for policy instruments and they seek to frame those instruments preferred. The chapter highlights striking differences between environmental groups and consumer groups by asking: What challenges are linked to evidence-based policy making± How is policy analysis turned into a powerful tool in public debates and political communication± What core functions does policy analysis fulfil for public interest groups in Germany and what are its main shortcomings?Less
Public interest groups in Germany use policy analysis in two crucial ways: They dig out empirical evidence for policy instruments and they seek to frame those instruments preferred. The chapter highlights striking differences between environmental groups and consumer groups by asking: What challenges are linked to evidence-based policy making± How is policy analysis turned into a powerful tool in public debates and political communication± What core functions does policy analysis fulfil for public interest groups in Germany and what are its main shortcomings?
Joe Earle, Cahal Moral, and Zach Ward-Perkins
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9781526110121
- eISBN:
- 9781526120748
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526110121.001.0001
- Subject:
- Economics and Finance, History of Economic Thought
One hundred years ago the idea of ‘the economy’ didn’t exist. Now, improving ‘the economy’ has come to be seen as one of the most important tasks facing modern societies. Politics and policymaking ...
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One hundred years ago the idea of ‘the economy’ didn’t exist. Now, improving ‘the economy’ has come to be seen as one of the most important tasks facing modern societies. Politics and policymaking are increasingly conducted in the language of economics and economic logic increasingly frames how political problems are defined and addressed. The result is that crucial societal functions are outsourced to economic experts. The econocracy is about how this particular way of thinking about economies and economics has come to dominate many modern societies and its damaging consequences. We have put experts in charge but those experts are not fit for purpose.
A growing movement is arguing that we should redefine the relationship between society and economics. Across the world, students, the economists of the future, are rebelling against their education. From three members of this movement comes a book that tries to open up the black box of economic decision making to public scrutiny. We show how a particular form of economics has come to dominate in universities across the UK and has thus shaped our understanding of the economy. We document the weaknesses of this form of economics and how it has failed to address many important issues such as financial stability, environmental sustainability and inequality; and we set out a vision for how we can bring economic discussion and decision making back into the public sphere to ensure the societies of the future can flourish.Less
One hundred years ago the idea of ‘the economy’ didn’t exist. Now, improving ‘the economy’ has come to be seen as one of the most important tasks facing modern societies. Politics and policymaking are increasingly conducted in the language of economics and economic logic increasingly frames how political problems are defined and addressed. The result is that crucial societal functions are outsourced to economic experts. The econocracy is about how this particular way of thinking about economies and economics has come to dominate many modern societies and its damaging consequences. We have put experts in charge but those experts are not fit for purpose.
A growing movement is arguing that we should redefine the relationship between society and economics. Across the world, students, the economists of the future, are rebelling against their education. From three members of this movement comes a book that tries to open up the black box of economic decision making to public scrutiny. We show how a particular form of economics has come to dominate in universities across the UK and has thus shaped our understanding of the economy. We document the weaknesses of this form of economics and how it has failed to address many important issues such as financial stability, environmental sustainability and inequality; and we set out a vision for how we can bring economic discussion and decision making back into the public sphere to ensure the societies of the future can flourish.
Rob Merkin and Jenny Steele
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199645749
- eISBN:
- 9780191747823
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199645749.003.0009
- Subject:
- Law, Law of Obligations
Explores the phenomenon of compulsory liability insurance in general, and specifically the nature of compulsory insurance in relation to road traffic liabilities, and employers’ liability to ...
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Explores the phenomenon of compulsory liability insurance in general, and specifically the nature of compulsory insurance in relation to road traffic liabilities, and employers’ liability to employees. Explains that much of tort law operates on the basis that insurance is in place, whether required or simply widespread. Charts the forms of compulsory insurance in operation and explains the variables which affect their significance. Explores the operation of compulsory motor insurance, and identifies the influence of European law. Discusses the way in which responsibility has been transformed, and potential impacts on legal principle. Explores the history and nature of employers’ liability insurance, pointing out the long-standing legislative interest in securing liabilities through insurance, and the influence of employers’ liability on the early development of liability insurance business. Identifies the relatively weak protection offered by employers’ liability legislation, but sets this in the context of many years of legislative activity.Less
Explores the phenomenon of compulsory liability insurance in general, and specifically the nature of compulsory insurance in relation to road traffic liabilities, and employers’ liability to employees. Explains that much of tort law operates on the basis that insurance is in place, whether required or simply widespread. Charts the forms of compulsory insurance in operation and explains the variables which affect their significance. Explores the operation of compulsory motor insurance, and identifies the influence of European law. Discusses the way in which responsibility has been transformed, and potential impacts on legal principle. Explores the history and nature of employers’ liability insurance, pointing out the long-standing legislative interest in securing liabilities through insurance, and the influence of employers’ liability on the early development of liability insurance business. Identifies the relatively weak protection offered by employers’ liability legislation, but sets this in the context of many years of legislative activity.
Patrick Shade and John Lachs
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780823256747
- eISBN:
- 9780823261390
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823256747.003.0011
- Subject:
- Philosophy, American Philosophy
Lachs argues that liberty is a relevant idea in addressing technological advances concerning organ transplant. Arguing that the poor have a right to make use of their bodies in securing wealth, he ...
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Lachs argues that liberty is a relevant idea in addressing technological advances concerning organ transplant. Arguing that the poor have a right to make use of their bodies in securing wealth, he contends that the government has no right to interfere with the sale of skills and bodies, so long as this activity does not harm others.Less
Lachs argues that liberty is a relevant idea in addressing technological advances concerning organ transplant. Arguing that the poor have a right to make use of their bodies in securing wealth, he contends that the government has no right to interfere with the sale of skills and bodies, so long as this activity does not harm others.
