This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective…mehr
This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.
Alan Bogg is Professor of Labour Law at the University of Bristol. Jacob Rowbottom is Associate Professor of Law at the University of Oxford, and Fellow of University College, Oxford. Alison L Young is the Sir David Williams Professor of Public Law at the University of Cambridge.
Inhaltsangabe
PART I JUDICIAL PROTECTION OF RIGHTS IN THE SOCIAL DEMOCRATIC CONSTITUTION 1. Reflections on Judicial Power and Human Rights Patrick Elias 2. Courting Trouble. The Role of the Courts in Contemporary Democracy Conor Gearty 3. Conflicts of Rights and Constitutional Balance James Grant 4. The Human Rights Act and Labour Law at 20 Virginia Mantouvalou PART II PARLIAMENT IN THE SOCIAL DEMOCRATIC CONSTITUTION 5. Parliamentary Sovereignty and Constitutional Futures Michael Gordon 6. Parliament, Sovereignty and the Paradox of the Political Constitution Chris McCorkindale 7. Enhancing Parliamentary Democracy: The European Court of Human Rights' Scrutiny of National Parliaments' Exercise of Disciplinary and Internal Order Powers Alastair Mowbray 8. Employment Status in the Social Democratic Constitution: Law and Politics Alan Bogg PART III DEMOCRACY IN THE SOCIAL DEMOCRATIC CONSTITUTION 9. The Law of Electoral Democracy: Theory and Purpose Graeme Orr 10. Political Finance and the Constitution of Social Democracy Jacob Rowbottom 11. The Abolition of Class Government Timothy K Kuhner PART IV SOCIAL JUSTICE IN THE SOCIAL DEMOCRATIC CONSTITUTION 12. The Liberal Socialist Tradition in UK Labour Law Ruth Dukes 13. Protecting Vulnerable Workers, Fairness and State Intervention Marilyn J Pittard 14. There is Power in a Union? Revisiting Trade Union Functions in 2019 Michael Ford KC and Tonia Novitz 15. The Irrepressible Common Law: The Economic Torts and the Right to Strike Douglas Brodie 16. Corporatism and its Discontents: Pluralism, Anti-Pluralism and Anglo-American Industrial Relations, c. 1930-1970 Ben Jackson 17. What is the UK's True Constitution? Ewan McGaughey PART V FRONTIERS OF THE SOCIAL DEMOCRATIC CONSTITUTION 18. Constituting Social Democracy and the Challenge of National Isolation Mark Freedland 19. The Narrowing Constitution: European Constitutionalisms, the Social Market Economy, and the Principle of Accommodation Nicola Countouris 20. Equality and Community for Migrant Workers Joo-Cheong Tham 21. Democratic Socialism, Citizenship and Migration: The Progressive's Dilemma? Judy Fudge 22. State Surveillance and Social Democracy: Lessons after the Investigatory Powers Act 2016 Cian C Murphy 23. Just Transitions for Workers: When Climate Change Met Labour Justice Navraj Singh Ghaleigh PART VI AFTERWORD 24. Interview of Professor Keith Ewing by Lord Hendy KC on 13 September 2018
PART I JUDICIAL PROTECTION OF RIGHTS IN THE SOCIAL DEMOCRATIC CONSTITUTION 1. Reflections on Judicial Power and Human Rights Patrick Elias 2. Courting Trouble. The Role of the Courts in Contemporary Democracy Conor Gearty 3. Conflicts of Rights and Constitutional Balance James Grant 4. The Human Rights Act and Labour Law at 20 Virginia Mantouvalou PART II PARLIAMENT IN THE SOCIAL DEMOCRATIC CONSTITUTION 5. Parliamentary Sovereignty and Constitutional Futures Michael Gordon 6. Parliament, Sovereignty and the Paradox of the Political Constitution Chris McCorkindale 7. Enhancing Parliamentary Democracy: The European Court of Human Rights' Scrutiny of National Parliaments' Exercise of Disciplinary and Internal Order Powers Alastair Mowbray 8. Employment Status in the Social Democratic Constitution: Law and Politics Alan Bogg PART III DEMOCRACY IN THE SOCIAL DEMOCRATIC CONSTITUTION 9. The Law of Electoral Democracy: Theory and Purpose Graeme Orr 10. Political Finance and the Constitution of Social Democracy Jacob Rowbottom 11. The Abolition of Class Government Timothy K Kuhner PART IV SOCIAL JUSTICE IN THE SOCIAL DEMOCRATIC CONSTITUTION 12. The Liberal Socialist Tradition in UK Labour Law Ruth Dukes 13. Protecting Vulnerable Workers, Fairness and State Intervention Marilyn J Pittard 14. There is Power in a Union? Revisiting Trade Union Functions in 2019 Michael Ford KC and Tonia Novitz 15. The Irrepressible Common Law: The Economic Torts and the Right to Strike Douglas Brodie 16. Corporatism and its Discontents: Pluralism, Anti-Pluralism and Anglo-American Industrial Relations, c. 1930-1970 Ben Jackson 17. What is the UK's True Constitution? Ewan McGaughey PART V FRONTIERS OF THE SOCIAL DEMOCRATIC CONSTITUTION 18. Constituting Social Democracy and the Challenge of National Isolation Mark Freedland 19. The Narrowing Constitution: European Constitutionalisms, the Social Market Economy, and the Principle of Accommodation Nicola Countouris 20. Equality and Community for Migrant Workers Joo-Cheong Tham 21. Democratic Socialism, Citizenship and Migration: The Progressive's Dilemma? Judy Fudge 22. State Surveillance and Social Democracy: Lessons after the Investigatory Powers Act 2016 Cian C Murphy 23. Just Transitions for Workers: When Climate Change Met Labour Justice Navraj Singh Ghaleigh PART VI AFTERWORD 24. Interview of Professor Keith Ewing by Lord Hendy KC on 13 September 2018
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