Federico Fabbrini
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198702047
- eISBN:
- 9780191771712
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198702047.003.0005
- Subject:
- Law, EU Law, Human Rights and Immigration
This chapter examines the right to strike in Europe. It explains how member states diverge significantly in their recognition of the right to take industrial action and argues that the recent ...
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This chapter examines the right to strike in Europe. It explains how member states diverge significantly in their recognition of the right to take industrial action and argues that the recent expansion of EU law in the field, with judicial recognition of a right to strike, has produced a challenge of ineffectiveness, since a ceiling for the protection of the right to strike has been introduced at EU level to secure the functioning of the common market. From the perspective of comparative law, the chapter contrasts the European dynamics with the experience of the United States and stresses how historically the interaction between state labor laws and federal free market rules produced the same tensions in the United States. Drawing cautionary tales from the example of the US New Deal, it discusses how EU legislative reform could increase the effectiveness of the right to collective labor action in the EU.Less
This chapter examines the right to strike in Europe. It explains how member states diverge significantly in their recognition of the right to take industrial action and argues that the recent expansion of EU law in the field, with judicial recognition of a right to strike, has produced a challenge of ineffectiveness, since a ceiling for the protection of the right to strike has been introduced at EU level to secure the functioning of the common market. From the perspective of comparative law, the chapter contrasts the European dynamics with the experience of the United States and stresses how historically the interaction between state labor laws and federal free market rules produced the same tensions in the United States. Drawing cautionary tales from the example of the US New Deal, it discusses how EU legislative reform could increase the effectiveness of the right to collective labor action in the EU.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0015
- Subject:
- Law, Company and Commercial Law
This final chapter discusses the past resources of divergence between international labour standards and future prospects for more consistent or coherent protection of a right to strike. It ...
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This final chapter discusses the past resources of divergence between international labour standards and future prospects for more consistent or coherent protection of a right to strike. It summarizes the differences between the International Labour Organization (ILO), the Council of Europe, and the European Union with regards to their respective attempts to promote protection of the right to strike. It concludes by considering the particular concerns of the ILO, as well as issues faced by European organizations, and discusses how these could affect future developments in this field.Less
This final chapter discusses the past resources of divergence between international labour standards and future prospects for more consistent or coherent protection of a right to strike. It summarizes the differences between the International Labour Organization (ILO), the Council of Europe, and the European Union with regards to their respective attempts to promote protection of the right to strike. It concludes by considering the particular concerns of the ILO, as well as issues faced by European organizations, and discusses how these could affect future developments in this field.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0001
- Subject:
- Law, Company and Commercial Law
The aim of this book is to investigate the right to strike and the differences between the jurisprudence developed concerning the legitimate scope of industrial action. It considers how the ...
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The aim of this book is to investigate the right to strike and the differences between the jurisprudence developed concerning the legitimate scope of industrial action. It considers how the justifications for industrial action could be balanced against grounds for its restriction and what kind of limitation could be regarded as appropriate. This introductory chapter introduces issues concerning the right to strike in the light of contemporary debates over ‘good governance’, which arises at both the national and international level. A governance framework provides a useful basis for examining not only the contours of the right to strike as it is presented as an international legal norm to national governments, but also the internal dynamics of transnational organisations which shape the content and communication of that norm.Less
The aim of this book is to investigate the right to strike and the differences between the jurisprudence developed concerning the legitimate scope of industrial action. It considers how the justifications for industrial action could be balanced against grounds for its restriction and what kind of limitation could be regarded as appropriate. This introductory chapter introduces issues concerning the right to strike in the light of contemporary debates over ‘good governance’, which arises at both the national and international level. A governance framework provides a useful basis for examining not only the contours of the right to strike as it is presented as an international legal norm to national governments, but also the internal dynamics of transnational organisations which shape the content and communication of that norm.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0009
- Subject:
- Law, Company and Commercial Law
This chapter discusses the mechanisms utilized for the implementation and review of the Council of Europe's position on civil, political, and socio-economic rights. The protection of human rights ...
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This chapter discusses the mechanisms utilized for the implementation and review of the Council of Europe's position on civil, political, and socio-economic rights. The protection of human rights within the Council of Europe differs according to whether the right in question is protected under the European Convention on Human Rights 1950 (ECHR) or the European Social Charter 1961 (ESC). The level of protection for civil and political rights under the former is far superior to that provided for social rights under the latter. This is significant because the right to strike is expressly protected only under the ESC.Less
This chapter discusses the mechanisms utilized for the implementation and review of the Council of Europe's position on civil, political, and socio-economic rights. The protection of human rights within the Council of Europe differs according to whether the right in question is protected under the European Convention on Human Rights 1950 (ECHR) or the European Social Charter 1961 (ESC). The level of protection for civil and political rights under the former is far superior to that provided for social rights under the latter. This is significant because the right to strike is expressly protected only under the ESC.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0011
- Subject:
- Law, Company and Commercial Law
This chapter examines the international and European jurisprudence concerning the existence of the right to strike and the basic constraints that may be placed on its exercise. It focuses on the ...
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This chapter examines the international and European jurisprudence concerning the existence of the right to strike and the basic constraints that may be placed on its exercise. It focuses on the decisions taken under the International Labour Organization (ILO) and European Social Charter (ESC) supervisory mechanisms. It also explores the few observations made by the United Nations (UN) Committee on Economic, Social, and Cultural Rights under the International Covenant on Economic, Social, and Cultural Rights 1966 (ICESCR) relevant to these issues.Less
This chapter examines the international and European jurisprudence concerning the existence of the right to strike and the basic constraints that may be placed on its exercise. It focuses on the decisions taken under the International Labour Organization (ILO) and European Social Charter (ESC) supervisory mechanisms. It also explores the few observations made by the United Nations (UN) Committee on Economic, Social, and Cultural Rights under the International Covenant on Economic, Social, and Cultural Rights 1966 (ICESCR) relevant to these issues.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0012
- Subject:
- Law, Company and Commercial Law
This chapter examines the approaches of international and European supervisory bodies on the permissible objectives of a strike. The first is the stance taken by the European Court of Human Rights, ...
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This chapter examines the approaches of international and European supervisory bodies on the permissible objectives of a strike. The first is the stance taken by the European Court of Human Rights, that the exercise of the right to strike should be restricted to the aim of achieving a collective agreement. The European Committee of Social Rights (ESCR) has adhered to the Article 6 of the European Social Charter (ESC), which links the right to strike to collective bargaining. The International Labour Organization (ILO) has taken a third position, that workers are entitled to take industrial action to defend their ‘economic and social interests’.Less
This chapter examines the approaches of international and European supervisory bodies on the permissible objectives of a strike. The first is the stance taken by the European Court of Human Rights, that the exercise of the right to strike should be restricted to the aim of achieving a collective agreement. The European Committee of Social Rights (ESCR) has adhered to the Article 6 of the European Social Charter (ESC), which links the right to strike to collective bargaining. The International Labour Organization (ILO) has taken a third position, that workers are entitled to take industrial action to defend their ‘economic and social interests’.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0005
- Subject:
- Law, Company and Commercial Law
This chapter considers the role of International Labour Organization (ILO) on the protection of the right to strike. The constitutional objectives of the ILO and the form of its standard-setting ...
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This chapter considers the role of International Labour Organization (ILO) on the protection of the right to strike. The constitutional objectives of the ILO and the form of its standard-setting mechanisms arguably made the adoption of conventions concerning freedom of association imperative. These were, in turn, to provide the basis for the protection of a right to strike, by virtue of the jurisprudence developed by the ILO supervisory bodies, which also made reference to the terms of the ILO Constitution.Less
This chapter considers the role of International Labour Organization (ILO) on the protection of the right to strike. The constitutional objectives of the ILO and the form of its standard-setting mechanisms arguably made the adoption of conventions concerning freedom of association imperative. These were, in turn, to provide the basis for the protection of a right to strike, by virtue of the jurisprudence developed by the ILO supervisory bodies, which also made reference to the terms of the ILO Constitution.
Jon Shelton
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780252040870
- eISBN:
- 9780252099373
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252040870.003.0002
- Subject:
- Education, Educational Policy and Politics
This chapter outlines the parameters of the “public sector labor problem.” When private sector unions grew powerful after World War II, public employees organized for similar rights. In many states ...
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This chapter outlines the parameters of the “public sector labor problem.” When private sector unions grew powerful after World War II, public employees organized for similar rights. In many states they acquired the right to organize but not the right to strike. The chapter chronicles the early history of teacher unions—especially the American Federation of Teachers (AFT)—and their quest for meaningful collective bargaining. It uses Pennsylvania—the state that passed the furthest reaching attempt to ensure union rights for teachers—and teacher strikes in Pittsburgh (1968, 1971) and Philadelphia (1970) to highlight the failure of liberal labor policy to prevent teacher strikes.Less
This chapter outlines the parameters of the “public sector labor problem.” When private sector unions grew powerful after World War II, public employees organized for similar rights. In many states they acquired the right to organize but not the right to strike. The chapter chronicles the early history of teacher unions—especially the American Federation of Teachers (AFT)—and their quest for meaningful collective bargaining. It uses Pennsylvania—the state that passed the furthest reaching attempt to ensure union rights for teachers—and teacher strikes in Pittsburgh (1968, 1971) and Philadelphia (1970) to highlight the failure of liberal labor policy to prevent teacher strikes.
Alan Bogg and Cynthia Estlund
- Published in print:
- 2018
- Published Online:
- February 2019
- ISBN:
- 9780198825272
- eISBN:
- 9780191863998
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198825272.003.0013
- Subject:
- Law, Employment Law
Is the right to strike a fundamental right? If so, what are its philosophical foundations? This chapter argues that the right to strike is a fundamental right resting upon three basic liberties: ...
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Is the right to strike a fundamental right? If so, what are its philosophical foundations? This chapter argues that the right to strike is a fundamental right resting upon three basic liberties: freedom from forced labour, freedom of association, and freedom of expression. In so doing, it challenges and rejects two dominant strategies in arguing for a fundamental right to strike: (a) that the right is derivative of a single basic liberty; (b) that the right is derivative of a right to collective bargaining. The contours of these basic liberties are developed using the republican ideal of non-domination and contestatory citizenship. Having defended a republican account of the philosophical foundations of the right to strike, the chapter then uses that framework to explore how the basic regulatory questions of a ‘right to strike’ have been addressed in Canada, the UK, and the US.Less
Is the right to strike a fundamental right? If so, what are its philosophical foundations? This chapter argues that the right to strike is a fundamental right resting upon three basic liberties: freedom from forced labour, freedom of association, and freedom of expression. In so doing, it challenges and rejects two dominant strategies in arguing for a fundamental right to strike: (a) that the right is derivative of a single basic liberty; (b) that the right is derivative of a right to collective bargaining. The contours of these basic liberties are developed using the republican ideal of non-domination and contestatory citizenship. Having defended a republican account of the philosophical foundations of the right to strike, the chapter then uses that framework to explore how the basic regulatory questions of a ‘right to strike’ have been addressed in Canada, the UK, and the US.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0006
- Subject:
- Law, Company and Commercial Law
This chapter outlines the historical background to the adoption of multilateral instruments which contain provisions requiring protection of freedom of association and the right to strike. It begins ...
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This chapter outlines the historical background to the adoption of multilateral instruments which contain provisions requiring protection of freedom of association and the right to strike. It begins with an analysis of the constitutional objectives set out in the Statute of the Council of Europe. The Council of Europe has the capacity to exercise influence over labour standards in Europe via two key instruments: the European Convention on Human Rights (ECHR) and the European Social Charter (ESC). There is some overlap between the two instruments, both of which recognize freedom of association or the right to join and act as a member of a trade union. However, only the ESC expressly recognizes the right to strike.Less
This chapter outlines the historical background to the adoption of multilateral instruments which contain provisions requiring protection of freedom of association and the right to strike. It begins with an analysis of the constitutional objectives set out in the Statute of the Council of Europe. The Council of Europe has the capacity to exercise influence over labour standards in Europe via two key instruments: the European Convention on Human Rights (ECHR) and the European Social Charter (ESC). There is some overlap between the two instruments, both of which recognize freedom of association or the right to join and act as a member of a trade union. However, only the ESC expressly recognizes the right to strike.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0010
- Subject:
- Law, Company and Commercial Law
Neither freedom of association nor the right to strike receives explicit protection under EC legislation, apart from non-binding declaratory instruments. This means that, generally, there is no ...
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Neither freedom of association nor the right to strike receives explicit protection under EC legislation, apart from non-binding declaratory instruments. This means that, generally, there is no potential role for the European Court of Justice (ECJ) in enforcing protection of the right to strike. This chapter explores the two alternative paths through which jurisprudence may shape the extent to which a right to strike is protected. The first is through ‘staff cases’, that is, complaints brought before the Court by EU officials who claim that there has been a breach of the ‘Staff Regulations’ which form the basis of their contract of employment. The second is via the ‘fundamental rights’ jurisprudence, which has the potential to be used as a defence against the aggressive application of market integration principles to national laws.Less
Neither freedom of association nor the right to strike receives explicit protection under EC legislation, apart from non-binding declaratory instruments. This means that, generally, there is no potential role for the European Court of Justice (ECJ) in enforcing protection of the right to strike. This chapter explores the two alternative paths through which jurisprudence may shape the extent to which a right to strike is protected. The first is through ‘staff cases’, that is, complaints brought before the Court by EU officials who claim that there has been a breach of the ‘Staff Regulations’ which form the basis of their contract of employment. The second is via the ‘fundamental rights’ jurisprudence, which has the potential to be used as a defence against the aggressive application of market integration principles to national laws.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0013
- Subject:
- Law, Company and Commercial Law
This chapter discusses the standard response of the supervisory bodies in the International Labour Organization to public welfare considerations. The right to strike may only be restricted or ...
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This chapter discusses the standard response of the supervisory bodies in the International Labour Organization to public welfare considerations. The right to strike may only be restricted or prohibited in the following cases: (1) in the public service only for public servants exercising authority in the name of the State; (2) in essential services, that is, services the interruption of which would endanger the life, personal safety or health; and (3) in the event of an acute national emergency and for a limited period of time.Less
This chapter discusses the standard response of the supervisory bodies in the International Labour Organization to public welfare considerations. The right to strike may only be restricted or prohibited in the following cases: (1) in the public service only for public servants exercising authority in the name of the State; (2) in essential services, that is, services the interruption of which would endanger the life, personal safety or health; and (3) in the event of an acute national emergency and for a limited period of time.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0004
- Subject:
- Law, Company and Commercial Law
The reasons for protection of a right to strike need to be weighed against the potential harms which industrial action can cause to employers, consumers, and others. This chapter examines debates on ...
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The reasons for protection of a right to strike need to be weighed against the potential harms which industrial action can cause to employers, consumers, and others. This chapter examines debates on the nature of these harms and the degree to which they should restrict legal protection of strikes.Less
The reasons for protection of a right to strike need to be weighed against the potential harms which industrial action can cause to employers, consumers, and others. This chapter examines debates on the nature of these harms and the degree to which they should restrict legal protection of strikes.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.003.0002
- Subject:
- Law, Company and Commercial Law
This chapter analyses the categorisation of ‘rights’ as civil, political, and socio-economic within a democratic framework. It considers the extent to which the right to strike may fall within such ...
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This chapter analyses the categorisation of ‘rights’ as civil, political, and socio-economic within a democratic framework. It considers the extent to which the right to strike may fall within such categories, as well as the implications that this categorisation has for the scope of such a right. The distinction between civil, political, and socio-economic rights remains a useful tool by which to determine the scope of the right to strike, whose ambit cannot be wider than its justificatory bases permit, and to understand its treatment under international human rights law.Less
This chapter analyses the categorisation of ‘rights’ as civil, political, and socio-economic within a democratic framework. It considers the extent to which the right to strike may fall within such categories, as well as the implications that this categorisation has for the scope of such a right. The distinction between civil, political, and socio-economic rights remains a useful tool by which to determine the scope of the right to strike, whose ambit cannot be wider than its justificatory bases permit, and to understand its treatment under international human rights law.
Tonia Novitz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198298540
- eISBN:
- 9780191685484
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298540.001.0001
- Subject:
- Law, Company and Commercial Law
In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, ...
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In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of ‘good governance’ and ‘democratic participation’ at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions. Critics of domestic labour legislation tend to appeal to international and European standards, chiefly those promulgated by the International Labour Organisation (ILO), the Council of Europe and the European Union (EU). All these organisations acknowledge the importance of a right to strike, but they differ in the manner in which the right is defined and protected. This book suggests that this is because each organisation adopts a distinctive view of the appropriate justificatory basis of this entitlement. This work also addresses current enthusiasm for reforming the governance of international and European organisations which would bolster their legitimacy. It is suggested that, despite the entrenched structures and cultural norms of each institution, such a process of reform could lead to greater consistency of standards relating to the right to strike. A crucial question for workers, in the light of these developments, is whether there will be a ‘levelling up’ of rights or diminishing protection for those who organise or participate in industrial action. This book ends by considering the current responses of the ILO, the Council of Europe and the EU to these forces for change.Less
In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of ‘good governance’ and ‘democratic participation’ at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions. Critics of domestic labour legislation tend to appeal to international and European standards, chiefly those promulgated by the International Labour Organisation (ILO), the Council of Europe and the European Union (EU). All these organisations acknowledge the importance of a right to strike, but they differ in the manner in which the right is defined and protected. This book suggests that this is because each organisation adopts a distinctive view of the appropriate justificatory basis of this entitlement. This work also addresses current enthusiasm for reforming the governance of international and European organisations which would bolster their legitimacy. It is suggested that, despite the entrenched structures and cultural norms of each institution, such a process of reform could lead to greater consistency of standards relating to the right to strike. A crucial question for workers, in the light of these developments, is whether there will be a ‘levelling up’ of rights or diminishing protection for those who organise or participate in industrial action. This book ends by considering the current responses of the ILO, the Council of Europe and the EU to these forces for change.
A.G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.003.0009
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the judgement pronounced by Justice M. B. Shah of the Supreme Court, on 6 August, in the now famous ‘right to strike’ case. He held that employees have no fundamental right to ...
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This chapter discusses the judgement pronounced by Justice M. B. Shah of the Supreme Court, on 6 August, in the now famous ‘right to strike’ case. He held that employees have no fundamental right to go on strike. The chapter criticizes the reasoning and the conclusion of Justice Shah. Every rule in the book was broken. Justice Shah made observations which he did not have to make in order to decide the case; they were sweeping and inappropriate. They were made not only against the spirit of the times but in apparent unawareness of modern trends in the law, including India's international obligations. The chapter suggests that the right to strike should be seen as a fundamental right; it should be permissible with lawful restrictions and should not be completely denied.Less
This chapter discusses the judgement pronounced by Justice M. B. Shah of the Supreme Court, on 6 August, in the now famous ‘right to strike’ case. He held that employees have no fundamental right to go on strike. The chapter criticizes the reasoning and the conclusion of Justice Shah. Every rule in the book was broken. Justice Shah made observations which he did not have to make in order to decide the case; they were sweeping and inappropriate. They were made not only against the spirit of the times but in apparent unawareness of modern trends in the law, including India's international obligations. The chapter suggests that the right to strike should be seen as a fundamental right; it should be permissible with lawful restrictions and should not be completely denied.
- Published in print:
- 2012
- Published Online:
- June 2013
- ISBN:
- 9780804775519
- eISBN:
- 9780804783484
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804775519.003.0002
- Subject:
- History, Latin American History
This chapter focuses on the constitution of 1857 that largely comprised the law affecting labor relations in Mexico during the administration of Porfirio Díaz. It also examines some of the debates ...
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This chapter focuses on the constitution of 1857 that largely comprised the law affecting labor relations in Mexico during the administration of Porfirio Díaz. It also examines some of the debates about free labor among the delegates who drafted the constitution, along with relevant provisions of the civil and penal codes. The chapter concludes by discussing a symposium held in 1875 on the right to strike, when speakers construed that the constitution with the penal code affirmed the right of workers to strike peacefully. The speakers insisted that both the constitution and the codes could be used as a basis for maintaining the rights of free labor; the liberal ideology prevalent in Mexico under Díaz's regime encompassed a vision of the free laborer.Less
This chapter focuses on the constitution of 1857 that largely comprised the law affecting labor relations in Mexico during the administration of Porfirio Díaz. It also examines some of the debates about free labor among the delegates who drafted the constitution, along with relevant provisions of the civil and penal codes. The chapter concludes by discussing a symposium held in 1875 on the right to strike, when speakers construed that the constitution with the penal code affirmed the right of workers to strike peacefully. The speakers insisted that both the constitution and the codes could be used as a basis for maintaining the rights of free labor; the liberal ideology prevalent in Mexico under Díaz's regime encompassed a vision of the free laborer.
Alexander Somek
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693375
- eISBN:
- 9780191729737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693375.003.0002
- Subject:
- Law, Philosophy of Law, EU Law
The impact of the European Union on the social policies of its Member States can generally be described in terms of domestication, assimilation, and disarmament. Social policy has been domesticated ...
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The impact of the European Union on the social policies of its Member States can generally be described in terms of domestication, assimilation, and disarmament. Social policy has been domesticated in the sense of remaining largely within the competence of the Member States, however, it is also subject to constraints by the law of the internal market. Assimilation has occurred where the fundamental freedoms were used in order to make social benefits move across national bounds. Disarmament is epitomized by monetary union and by recent developments in the Court’s case law that have moved beyond domestication and ushered in a new era of market liberalisation. The development affects, in particular, industrial relations and systems of collective wage determination. The rise to prominence of European anti-discrimination law needs be seen and assessed against this background.Less
The impact of the European Union on the social policies of its Member States can generally be described in terms of domestication, assimilation, and disarmament. Social policy has been domesticated in the sense of remaining largely within the competence of the Member States, however, it is also subject to constraints by the law of the internal market. Assimilation has occurred where the fundamental freedoms were used in order to make social benefits move across national bounds. Disarmament is epitomized by monetary union and by recent developments in the Court’s case law that have moved beyond domestication and ushered in a new era of market liberalisation. The development affects, in particular, industrial relations and systems of collective wage determination. The rise to prominence of European anti-discrimination law needs be seen and assessed against this background.
Pablo Gilabert
- Published in print:
- 2018
- Published Online:
- December 2018
- ISBN:
- 9780198827221
- eISBN:
- 9780191866104
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198827221.003.0009
- Subject:
- Political Science, International Relations and Politics
Human rights discourse invokes entitlements to freely chosen work, to decent working conditions, and to form and join unions. Despite their importance, these rights remain underexplored in the ...
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Human rights discourse invokes entitlements to freely chosen work, to decent working conditions, and to form and join unions. Despite their importance, these rights remain underexplored in the philosophical literature on human rights. This chapter offers a systematic and constructive discussion of them. It surveys the content and current relevance of the labor rights stated in the most important human rights documents. It gives a moral defense of these rights, justifying their support on the basis of important human interests and human dignity. It replies to objections about the importance of work, explains why labor human rights may not exhaust the demands of dignity regarding labor, and arbitrates a common tension between independence and solidarity. To solidaristically empower all persons who can work to access and defend decent working conditions in which their valuable capacities can be developed and exercised is an obligatory response to their human dignity.Less
Human rights discourse invokes entitlements to freely chosen work, to decent working conditions, and to form and join unions. Despite their importance, these rights remain underexplored in the philosophical literature on human rights. This chapter offers a systematic and constructive discussion of them. It surveys the content and current relevance of the labor rights stated in the most important human rights documents. It gives a moral defense of these rights, justifying their support on the basis of important human interests and human dignity. It replies to objections about the importance of work, explains why labor human rights may not exhaust the demands of dignity regarding labor, and arbitrates a common tension between independence and solidarity. To solidaristically empower all persons who can work to access and defend decent working conditions in which their valuable capacities can be developed and exercised is an obligatory response to their human dignity.
Sudhanshu Ranjan
- Published in print:
- 2019
- Published Online:
- July 2019
- ISBN:
- 9780199490493
- eISBN:
- 9780199096275
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199490493.003.0006
- Subject:
- Law, Legal Profession and Ethics
Lawyers must not be the call girls of money power. Lawyers, the officers of the court, instead of helping the court arrive at justice, derail justice at the instance of their clients. No wonder, they ...
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Lawyers must not be the call girls of money power. Lawyers, the officers of the court, instead of helping the court arrive at justice, derail justice at the instance of their clients. No wonder, they have been reviled from time immemorial for their unethical practices. Gandhiji learnt to regard law not as an intellectual legerdemain to make black appear white and white black, but as ‘codified ethics’. The profession of law became to him the means to enthrone justice, not to ‘entangle justice’ in the net of law.Less
Lawyers must not be the call girls of money power. Lawyers, the officers of the court, instead of helping the court arrive at justice, derail justice at the instance of their clients. No wonder, they have been reviled from time immemorial for their unethical practices. Gandhiji learnt to regard law not as an intellectual legerdemain to make black appear white and white black, but as ‘codified ethics’. The profession of law became to him the means to enthrone justice, not to ‘entangle justice’ in the net of law.
