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The Right to Strike

Federico Fabbrini

in Fundamental Rights in Europe

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 ... More


Conclusion: Past Sources of Divergence and Prospects for Future Developments

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


Introduction: Why Investigate Protection of the Right to Strike?

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


Divergent Remedial Mechanisms in the Council of Europe

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


Existence and Exercise of the Right to Strike

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


Permissible Objectives of a Strike

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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, ... More


Standard-setting in the ILO

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


“A New era of Labor Relations”: Teachers and the Public-Sector Labor Problem

Jon Shelton

in Teacher Strike!: Public Education and the Making of a New American Political Order

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 ... More


The Right to Strike and Contestatory Citizenship

Alan Bogg and Cynthia Estlund

in Philosophical Foundations of Labour Law

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: ... More


Adoption of Human Rights Instruments in the Council of Europe

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


Judicial Circumspection in the EU

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


Responses to Public Welfare Considerations

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


Reasons for Restriction of Strikes

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


The Implications of Categorizing the Right to Strike as a Civil, Political, and/or Social Right

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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 ... More


International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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, ... More


The Right to Strike *

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

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 ... More


The Rights of Free Labor, 1875–1910

in The Making of Law: The Supreme Court and Labor Legislation in Mexico, 1875-1931

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 ... More


Social Policy: from Domestication to Disarmament

Alexander Somek

in Engineering Equality: An Essay on European Anti-Discrimination Law

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 ... More


Labor Rights

Pablo Gilabert

in Human Dignity and Human Rights

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 ... More


Lawyer, Heal Thyself

Sudhanshu Ranjan

in Justice versus Judiciary: Justice Enthroned or Entangled in India?

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 ... More


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