The Labour Constitution The Enduring Idea of Labour Law 1st Edition by Ruth Dukes 9780191038600 0191038601

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ISBN 10: 0191038601
ISBN 13: 9780191038600 
Author: Ruth Dukes

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called ‘old ways’ of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an ‘enduring idea of labour law’, and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the ‘law of the labour market’, the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers’ rights.

The Labour Constitution The Enduring Idea of Labour Law 1st Table of contents:

1. Introduction

The Idea of Labour Law

The Idea of the Labour Constitution

Labour Constitution, Collective Laissez-Faire, and the Law of the Labour Market

2. Hugo Sinzheimer and the Economic Constitution

Introduction

Labour Law as the Law of Dependent Labour

The Economic Constitution

State and Autonomy

Conclusion

3. The Labour Constitution in the Nation State: Germany and the Institutionalization of Codetermination

The Labour Constitution of the Weimar Republic

The Labour Constitution of the Federal Republic

The Postwar Labour Constitution in Decline

Conclusion

4. A Labour Constitution Without the State? Otto Kahn-Freund and Collective Laissez-Faire

Introduction

Collective Laissez-Faire

Labour Law and the British State: 1890s to 1950s

Conclusion

5. From Collective Laissez-Faire to the Law of the Labour Market

The End of Consensus

Towards a Law of the Labour Market

The Labour Market and the State

Conclusion

6. The Labour Constitution of the European Union: The Social Dialogue

Introduction

Maastricht and the Constitutionalization of the Social Dialogue

Paris and Rome

Rome to Maastricht

The Question of Autonomy

Conclusion

7. A Plurality of Labour Constitutions?

The Question of Harmonization

Upward Harmonization of National Labour Constitutions?

Labour Rights as Fundamental Rights: A Defence against Negative Harmonization?

Conclusion

8. Labour Law or the Law of the Labour Market?

Introduction

Approaches to Labour Law Scholarship

Reassessing the Old Approaches

Bibliography

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