Labour Law and Transformative Constitutionalism PDF Download

Author: Julieta Lobato
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This article examines the potential of transformative constitutionalism for reshaping labour law in Latin America. While traditionally labour law scholarship has been skeptical of courts ́ ability to protect labour rights, recent years have witnessed a return to examining constitutions and the role of courts in the field. The article introduces the concept of “Transformative Labour Law in Latin America,” which seeks to reintroduce the struggles between labour and capital into a legal discourse that can address the challenges faced by labour regulation in the region. By employing a methodology that combines constitutional theory and socio-legal literature, the article highlights the productive interactions between social processes and legal provisions. The article is organized into five sections, beginning with an introduction that provides context for the study (I). Subsequent sections examine key features characterizing Latin American labour markets and identify challenges facing labour law (II), introduce transformative constitutionalism in Latin America as a conceptual framework for analyzing labour-capital relations through the law (III), and outline the key components of transformative labour law in the region (IV) before concluding with final remarks (V).

Author: Henk Botha
Publisher: AFRICAN SUN MeDIA
ISBN: 1919980024
Category : Political Science
Languages : en
Pages : 271

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Book Description
The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.

Author: Sandra Liebenberg
Publisher: Juta and Company Ltd
ISBN: 9780702184802
Category : Business & Economics
Languages : en
Pages : 572

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Book Description
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.

Author: Joanne Conaghan
Publisher:
ISBN: 9780199271818
Category : Business & Economics
Languages : en
Pages : 580

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Book Description
Throughout the industrial world, the discipline of labor law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labor law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition. These essays--which are the product of a transnational comparative dialog among academics and practitioners in labor law and related legal fields, including social security, immigration, trade, and development--identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.

Author: Gautam Bhatia
Publisher: Harper Collins
ISBN: 9353026857
Category : Law
Languages : en
Pages : 544

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Book Description
| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.

Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0192515462
Category : Law
Languages : en
Pages : 465

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Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Author: David M. Beatty
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773561358
Category : Political Science
Languages : en
Pages : 265

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Book Description
Rather than considering the relationship between the three branches of government in the abstract, Beatty focuses on legal practice as it functions in labour law, and shows how the Charter could be used both to reform labour law and to protect against attempts to reverse gains made in labour legislation in the past. Beatty's critical analysis rests on two principles: that the Charter provides equal liberty for all workers to participate in determining the conditions that govern their working life, and that fundamental rights should be limited only by laws employing the least repressibe alternative. These principles are applied to the constitutional validity of rules that prohibit discrimination: those requiring payment of minimum wages, excluding groups from collective bargaining laws, mandating retirment at a specific age, and requiring membership in trade unions. Beatty argues that the current model of collective bargaining cannot be constitutionally sustained and that voluntary and/or plural representation of employee interests is more compatible with the Charter. The final part of the book makes clear just how dramatic achievements in social justice can be. Beatty shows that the process of judicial review can be instrumental in extending meaningful institutions of industrial democracy through all sectors of our economy and argues that interest group advocacy can be an effective means by which the least advantaged in our community can have more influence in determining the law which governs their working lives.

Author: Sony Pellissery
Publisher: Taylor & Francis
ISBN: 1000692086
Category : Political Science
Languages : en
Pages : 229

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Book Description
This book explores the convergence of law and public policy. Drawing on case studies from Asia, Europe, the Middle East and Australia, it examines how judicial and political institutions are closely linked to the socio-economic concerns of the citizens. The essays argue for the utilization of both legislative and executive, private and public spheres of society as vehicles for transformative social change and to safeguard against violations of socio-economic rights. The volume will be of great interest to both public and private stakeholders, as well as professionals, including NGOs and think tanks, working in the areas of law, government, and public policy. It will also be immensely useful to academics and researchers of constitutionalism, policymaking and policy integration, social justice and minority rights.

Author: David Bilchitz
Publisher: Oxford University Press
ISBN: 0192887645
Category : Law
Languages : en
Pages : 513

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Book Description
Emerging from national pasts marred by violence, conflict, and injustice, South African and Colombian societies have sought to establish futures founded on equality, democracy, and constitutionalism. Transitional Justice, Distributive Justice, and Transformative Constitutionalism: Comparing Colombia and South Africa offers the first dedicated scholarly comparison of the two countries in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism. Featuring contributions by Colombian and South African authors, this volume richly examines each country from a range of thematic perspectives as the basis for deep reflection and comparison between them. Transitional Justice, Distributive Justice, and Transformative Constitutionalism brings together three interconnected concepts: the need for redress of past historical wrongs, the imperative to ensure fairness in the distribution of resources, and the commitment to law-governed social change mediated through a constitution. Part one explores innovative approaches to transitional justice that go beyond law, such as novel philosophical approaches to reconciliation, the use of art to address past wrongs, and the role of museums in memorialising the past. Part two considers one of the central components of transformative constitutionalism: socio-economic rights. It addresses the role of history in the interpretation of socio-economic rights and the procedural mechanisms that enable access to these rights. Part three looks at the development of legal structures designed to achieve both transitional and distributive justice in the areas of indigenous people's rights, procedural law, and international law. A timely work of innovative methodology and rare engagement between two constitutional democracies in the Global South, this title will be of interest to academics working in the fields of transitional justice, distributive justice, and transformative constitutionalism in Colombia and South Africa.

Author: Daniel Bonilla Maldonado
Publisher: Cambridge University Press
ISBN: 1107067936
Category : Law
Languages : en
Pages : 421

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Book Description
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.