Author: Breen Creighton
Publisher: Oxford University Press
ISBN: 0192642642
Category : Law
Languages : en
Pages : 290
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.
Strike Ballots, Democracy, and Law
Author: Breen Creighton
Publisher: Oxford University Press
ISBN: 0192642642
Category : Law
Languages : en
Pages : 290
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.
Publisher: Oxford University Press
ISBN: 0192642642
Category : Law
Languages : en
Pages : 290
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.
Strike Ballots, Democracy, and Law
Author: Breen Creighton
Publisher:
ISBN: 0198869894
Category : Law
Languages : en
Pages : 321
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.
Publisher:
ISBN: 0198869894
Category : Law
Languages : en
Pages : 321
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.
Strike Ballots, Democracy, and Law
Author: Breen Creighton
Publisher: Oxford University Press
ISBN: 0192642634
Category : Law
Languages : en
Pages : 321
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.
Publisher: Oxford University Press
ISBN: 0192642634
Category : Law
Languages : en
Pages : 321
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.
The Democratic Aspects of Trade Union Recognition
Author: Alan Bogg
Publisher:
ISBN: 9781472564887
Category : Labor unions
Languages : en
Pages : 303
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.
Publisher:
ISBN: 9781472564887
Category : Labor unions
Languages : en
Pages : 303
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.
Crises of Democracy
Author: Adam Przeworski
Publisher: Cambridge University Press
ISBN: 1108498809
Category : Political Science
Languages : en
Pages : 255
Book Description
Examines the economic, social, cultural, as well as purely political threats to democracy in the light of current knowledge.
Publisher: Cambridge University Press
ISBN: 1108498809
Category : Political Science
Languages : en
Pages : 255
Book Description
Examines the economic, social, cultural, as well as purely political threats to democracy in the light of current knowledge.
Securing the Vote
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 030947647X
Category : Political Science
Languages : en
Pages : 181
Book Description
During the 2016 presidential election, America's election infrastructure was targeted by actors sponsored by the Russian government. Securing the Vote: Protecting American Democracy examines the challenges arising out of the 2016 federal election, assesses current technology and standards for voting, and recommends steps that the federal government, state and local governments, election administrators, and vendors of voting technology should take to improve the security of election infrastructure. In doing so, the report provides a vision of voting that is more secure, accessible, reliable, and verifiable.
Publisher: National Academies Press
ISBN: 030947647X
Category : Political Science
Languages : en
Pages : 181
Book Description
During the 2016 presidential election, America's election infrastructure was targeted by actors sponsored by the Russian government. Securing the Vote: Protecting American Democracy examines the challenges arising out of the 2016 federal election, assesses current technology and standards for voting, and recommends steps that the federal government, state and local governments, election administrators, and vendors of voting technology should take to improve the security of election infrastructure. In doing so, the report provides a vision of voting that is more secure, accessible, reliable, and verifiable.
Give Us the Ballot
Author: Ari Berman
Publisher: Farrar, Straus and Giroux
ISBN: 0374711496
Category : History
Languages : en
Pages : 385
Book Description
A National Book Critics Circle Award Finalist, Nonfiction A New York Times Notable Book of 2015 A Washington Post Notable Nonfiction Book of 2015 A Boston Globe Best Book of 2015 A Kirkus Reviews Best Nonfiction Book of 2015 An NPR Best Book of 2015 Countless books have been written about the civil rights movement, but far less attention has been paid to what happened after the dramatic passage of the Voting Rights Act (VRA) in 1965 and the turbulent forces it unleashed. Give Us the Ballot tells this story for the first time. In this groundbreaking narrative history, Ari Berman charts both the transformation of American democracy under the VRA and the counterrevolution that has sought to limit voting rights, from 1965 to the present day. The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional. Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time.
Publisher: Farrar, Straus and Giroux
ISBN: 0374711496
Category : History
Languages : en
Pages : 385
Book Description
A National Book Critics Circle Award Finalist, Nonfiction A New York Times Notable Book of 2015 A Washington Post Notable Nonfiction Book of 2015 A Boston Globe Best Book of 2015 A Kirkus Reviews Best Nonfiction Book of 2015 An NPR Best Book of 2015 Countless books have been written about the civil rights movement, but far less attention has been paid to what happened after the dramatic passage of the Voting Rights Act (VRA) in 1965 and the turbulent forces it unleashed. Give Us the Ballot tells this story for the first time. In this groundbreaking narrative history, Ari Berman charts both the transformation of American democracy under the VRA and the counterrevolution that has sought to limit voting rights, from 1965 to the present day. The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional. Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time.
The Voting Wars
Author: Richard L. Hasen
Publisher: Yale University Press
ISBN: 0300184212
Category : Political Science
Languages : en
Pages : 295
Book Description
In 2000, just a few hundred votes out of millions cast in the state of Florida separated Republican presidential candidate George W. Bush from his Democratic opponent, Al Gore. The outcome of the election rested on Florida's 25 electoral votes, and legal wrangling continued for 36 days. Then, abruptly, one of the most controversial Supreme Court decisions in U.S. history, Bush v. Gore, cut short the battle. Since the Florida debacle we have witnessed a partisan war over election rules. Election litigation has skyrocketed, and election time brings out inevitable accusations by political partisans of voter fraud and voter suppression. These allegations have shaken public confidence, as campaigns deploy "armies of lawyers" and the partisan press revs up when elections are expected to be close and the stakes are high.
Publisher: Yale University Press
ISBN: 0300184212
Category : Political Science
Languages : en
Pages : 295
Book Description
In 2000, just a few hundred votes out of millions cast in the state of Florida separated Republican presidential candidate George W. Bush from his Democratic opponent, Al Gore. The outcome of the election rested on Florida's 25 electoral votes, and legal wrangling continued for 36 days. Then, abruptly, one of the most controversial Supreme Court decisions in U.S. history, Bush v. Gore, cut short the battle. Since the Florida debacle we have witnessed a partisan war over election rules. Election litigation has skyrocketed, and election time brings out inevitable accusations by political partisans of voter fraud and voter suppression. These allegations have shaken public confidence, as campaigns deploy "armies of lawyers" and the partisan press revs up when elections are expected to be close and the stakes are high.
Israeli Society
Author: Eyal Lewin
Publisher: Universal-Publishers
ISBN: 162734487X
Category : Social Science
Languages : en
Pages : 332
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
Publisher: Universal-Publishers
ISBN: 162734487X
Category : Social Science
Languages : en
Pages : 332
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
Against Democracy
Author: Jason Brennan
Publisher: Princeton University Press
ISBN: 1400888395
Category : Philosophy
Languages : en
Pages : 309
Book Description
A bracingly provocative challenge to one of our most cherished ideas and institutions Most people believe democracy is a uniquely just form of government. They believe people have the right to an equal share of political power. And they believe that political participation is good for us—it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. But Jason Brennan says they are all wrong. In this trenchant book, Brennan argues that democracy should be judged by its results—and the results are not good enough. Just as defendants have a right to a fair trial, citizens have a right to competent government. But democracy is the rule of the ignorant and the irrational, and it all too often falls short. Furthermore, no one has a fundamental right to any share of political power, and exercising political power does most of us little good. On the contrary, a wide range of social science research shows that political participation and democratic deliberation actually tend to make people worse—more irrational, biased, and mean. Given this grim picture, Brennan argues that a new system of government—epistocracy, the rule of the knowledgeable—may be better than democracy, and that it's time to experiment and find out. A challenging critique of democracy and the first sustained defense of the rule of the knowledgeable, Against Democracy is essential reading for scholars and students of politics across the disciplines. Featuring a new preface that situates the book within the current political climate and discusses other alternatives beyond epistocracy, Against Democracy is a challenging critique of democracy and the first sustained defense of the rule of the knowledgeable.
Publisher: Princeton University Press
ISBN: 1400888395
Category : Philosophy
Languages : en
Pages : 309
Book Description
A bracingly provocative challenge to one of our most cherished ideas and institutions Most people believe democracy is a uniquely just form of government. They believe people have the right to an equal share of political power. And they believe that political participation is good for us—it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. But Jason Brennan says they are all wrong. In this trenchant book, Brennan argues that democracy should be judged by its results—and the results are not good enough. Just as defendants have a right to a fair trial, citizens have a right to competent government. But democracy is the rule of the ignorant and the irrational, and it all too often falls short. Furthermore, no one has a fundamental right to any share of political power, and exercising political power does most of us little good. On the contrary, a wide range of social science research shows that political participation and democratic deliberation actually tend to make people worse—more irrational, biased, and mean. Given this grim picture, Brennan argues that a new system of government—epistocracy, the rule of the knowledgeable—may be better than democracy, and that it's time to experiment and find out. A challenging critique of democracy and the first sustained defense of the rule of the knowledgeable, Against Democracy is essential reading for scholars and students of politics across the disciplines. Featuring a new preface that situates the book within the current political climate and discusses other alternatives beyond epistocracy, Against Democracy is a challenging critique of democracy and the first sustained defense of the rule of the knowledgeable.