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Author: Breen Creighton
Publisher: Oxford University Press
ISBN: 0192642642
Category : Law
Languages : en
Pages : 290
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Book Description
International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.
Author: Breen Creighton
Publisher: Oxford University Press
ISBN: 0192642642
Category : Law
Languages : en
Pages : 290
Get Book Here
Book Description
International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.
Author: Breen Creighton
Publisher:
ISBN: 0198869894
Category : Law
Languages : en
Pages : 321
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Book Description
The Oxford Labour Law series has come to represent a significant contribution to the literature of British, European, and international labour law. The series recognizes the arrival not only of a renewed interest in labour law generally, but also the need for fresh approaches to the study of labour law following a period of momentous change in the UK and Europe. The series is concerned with all aspects of labour law, including traditional subjects of study such as collective labour law and individual employment law. It also includes works that concentrate on the growing role of human rights and the combating of discrimination in employment, and others that examine the law and economics of the labour market and the impact of social security law and of national and supranational employment policies upon patterns of employment and the employment contract. Book jacket.
Author: Breen Creighton
Publisher: Oxford University Press
ISBN: 0192642634
Category : Law
Languages : en
Pages : 321
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Book Description
International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.
Author: Alan Bogg
Publisher:
ISBN: 9781472564887
Category : Labor unions
Languages : en
Pages : 303
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Book Description
The long ascendancy of pluralism and 'collective laissez-faire' as a guiding ideology of British labour law was emphatically shattered by the New Right ideology of Thatcher and Major. When New Labour was finally returned to power in 1997, it did not, however, attempt to resurrect the pre-Thatcher preference for pluralist non-intervention in collective industrial relations. Instead, it purported to follow a 'Third Way'. A centrepiece of this new approach was the statutory recognition provision, introduced in Schedule A1 TULRCA 1992. By breaking with the tradition of voluntarism in respect of re.
Author: Eyal Lewin
Publisher: Universal-Publishers
ISBN: 162734487X
Category : Social Science
Languages : en
Pages : 332
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Book Description
This work constitutes a groundbreaking contribution to the literature of Israel studies. It examines Israeli society's journey through 2023, highlighting its swift transformation from political fragmentation, turmoil, and civil unrest to national unity and complete mobilization. This sudden change that occurred on October 7, 2023, is described in a broader historical and cultural context. Readers of this groundbreaking work are treated to an in-depth analysis of the significant events of 2023, ranging from the legal and political implications of the announcement of judicial reform plans to the political disruptions that followed. Drawing on Jonathan Sacks's notion of a national covenant, David Ben-Gurion's concept of Halutzim, and Henri de Saint-Simon's ideas on avant-garde groups, this study makes sense of several seemingly incomprehensible aspects of recent events. This publication will enlighten those keen on exploring Israeli society and deciphering its complex behaviors across various temporal dimensions. Students, scholars, and educators alike will discover essential readings on pivotal Israel studies topics within its pages. WORDS OF PRAISE This book represents one of the first accounts if not the first of the political-social crisis which Israeli society has been experiencing. Considering the widespread confusion and misrepresentation of the basic facts, Lewin has made a timely and balanced contribution to our understanding. What began as a struggle for constitutional and judicial reform in Israel could have resulted in a coup d'etat and civil war, were it not for the Hamas invasion, rapes, and massacres which took place on October 7, 2023. Lewin's analytical approach, which is based on solid sources and respected opinions, has brought us a mature and academically sound account. --Dr. Joel Fishman, Jerusalem Center for Public Affairs and Israel Defense and Security Forum (IDSF) This essay provides readers with an original viewpoint that creatively recounts the narrative of Israeli society. This academic examination of the turbulence experienced by Israel in 2023 addresses judicial, political, and military aspects in a manner that has not been previously recorded. --Prof. Asher Cohen, Department of Political Studies, Bar-Ilan University It takes courage to delve into the intricate fabric of divisions within Israeli society. Professionalism demands the ability to go beyond temporal and spatial constraints, a task that Lewin adeptly fulfills with the meticulous expertise of a political sociologist! --Dr. Assaf Malach, Shalem College and Jewish Statesmanship Center Authored from the vantage point of a seasoned researcher aligned with a republican ethos and associated with Israel's right wing, this book uncovers the intricacies and robustness of Israeli society. Lewin offers insight into the essence and endurance of Israeli society amidst trials and existential challenges, portraying it as a society driven by vitality and determined to rediscover its foundational covenant of destiny as a pillar for survival. --Prof. Kobi Michael, University of South Wales; Institute for National Security Studies (INSS), Tel Aviv University; and Misgav Institute for National Security and Zionist Strategy
Author: Sanjukta Paul
Publisher: Cambridge University Press
ISBN: 110890503X
Category : Law
Languages : en
Pages : 943
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Book Description
As scholars and policymakers around the world seek a systematic approach to the question of 'gig work,' one of its regulatory dimensions – the intersection of labor and competition law – points toward a deeper reconceptualization of the conventional legal and economic categories typically brought to bear upon it. A comparative approach to the question of gig work further reveals the variety and contingency of background assumptions that are often overlooked in the context of domestic policy debates. By combining a detailed comparative doctrinal survey of the regulation of non-employee workers in domestic competition law systems with a set of essays reframing the underlying questions raised – in terms of international legal frameworks, freedom of association norms, alternative approaches to law and economics, and more – The Cambridge Handbook of Labor in Competition Law moves the debates over the fissured workplace and the labor – competition law intersection forward in novel ways.
Author: Katherine M. Gehl
Publisher: Harvard Business Press
ISBN: 1633699242
Category : Political Science
Languages : en
Pages : 331
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Book Description
Leading political innovation activist Katherine Gehl and world-renowned business strategist Michael Porter bring fresh perspective, deep scholarship, and a real and actionable solution, Final Five Voting, to the grand challenge of our broken political and democratic system. Final Five Voting has already been adopted in Alaska and is being advanced in states across the country. The truth is, the American political system is working exactly how it is designed to work, and it isn't designed or optimized today to work for us—for ordinary citizens. Most people believe that our political system is a public institution with high-minded principles and impartial rules derived from the Constitution. In reality, it has become a private industry dominated by a textbook duopoly—the Democrats and the Republicans—and plagued and perverted by unhealthy competition between the players. Tragically, it has therefore become incapable of delivering solutions to America's key economic and social challenges. In fact, there's virtually no connection between our political leaders solving problems and getting reelected. In The Politics Industry, business leader and path-breaking political innovator Katherine Gehl and world-renowned business strategist Michael Porter take a radical new approach. They ingeniously apply the tools of business analysis—and Porter's distinctive Five Forces framework—to show how the political system functions just as every other competitive industry does, and how the duopoly has led to the devastating outcomes we see today. Using this competition lens, Gehl and Porter identify the most powerful lever for change—a strategy comprised of a clear set of choices in two key areas: how our elections work and how we make our laws. Their bracing assessment and practical recommendations cut through the endless debate about various proposed fixes, such as term limits and campaign finance reform. The result: true political innovation. The Politics Industry is an original and completely nonpartisan guide that will open your eyes to the true dynamics and profound challenges of the American political system and provide real solutions for reshaping the system for the benefit of all. THE INSTITUTE FOR POLITICAL INNOVATION The authors will donate all royalties from the sale of this book to the Institute for Political Innovation.
Author: Samuel Issacharoff
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1286
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Book Description
The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
Author: Philippa M. Collins
Publisher: Oxford University Press
ISBN: 0192894595
Category : Law
Languages : en
Pages : 257
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Book Description
The Oxford Labour Law series has come to represent a significant contributions to the literature of British, European, and international labour law. The series recognizes the arrival not only of a renewed interest in labour law generally, but also the need for fresh approaches to the study of labour law following a period of momentous change in the UK and Europe. The series is concerned with all aspects of labour law, including traditional subjects of study such as collective labour law and individual employment law. It also includes works that concentrate on the growing role of human rights and the combating of discrimination in employment, and others that examine the law and economics of the labour market and the impact of social security law and of national and supranational employment policies upon patterns of employment and the employment contract. Book jacket.
Author: Alysia Blackham
Publisher: Oxford University Press
ISBN: 0198859287
Category :
Languages : en
Pages : 401
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Book Description
Age is a critical issue for labour market policy. Both younger and older workers experience significant challenges at work. Despite the introduction of age discrimination laws, ageism remains prevalent. Reforming Age Discrimination Law offers a roadmap for the future development of age discrimination law in common law countries, to better address workplace ageism. Drawing on theoretical, doctrinal, and empirical legal scholarship, and comparative perspectives from the United Kingdom, Australia, and Canada, the book provides a socio-legal critique of existing age discrimination laws and their enforcement and proposes concrete suggestions for legal reform and change. Building on legal and interdisciplinary insights, it examines the challenges and limitations of existing legal frameworks and the individual enforcement model for addressing age discrimination in employment. It also maps the stages of claiming, negotiation, or alternative dispute resolution, and hearing and judgment, using mixed-method case studies of the enforcement of age discrimination law in the United Kingdom and Australia. This volume puts forward a four-fold model of reform which aims to improve the individual enforcement model, strengthen positive equality duties, bolster the roles of statutory equality agencies, and enhance collective enforcement. It goes on to critically consider how these options might address the limits of existing laws, and the practical measures necessary to ensure their success and to move beyond the individual enforcement of age discrimination law.
