Methods, theory and philosophy of law Books
Taylor & Francis The Routledge Handbook of Philosophy of Disagreement
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Taylor & Francis Ltd Personal Identity and the European Court of Human Rights
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Taylor & Francis Ltd Fundamental Labour Rights and the Constitution
Book SynopsisThe book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis,Table of ContentsList of abbreviations Introduction: From the EU crisis to constitutional balancing 1 Constitutional balancing of fundamental labour rights 1.1 Introduction 1.2 Constitutional balancing as a method and its theoretical justifications 1.2.1 Against constitutional balancing 1.2.2 The balancing actors 1.2.3 The axiological nature of fundamental labour rights 1.3 Balancing technique(s) 1.3.1 The proportionality test, a critique 1.4 Balancing in fundamental social rights’ adjudication and the essential content dilemma 1.4.1 Italian and Spanish insights on the notion of essential content 1.5 Conclusions 2 Constitutional balancing techniques in the world: A glimpse 2.1 Introduction 2.2 A worldwide panoramic of constitutional balancing 2.3 Balancing in supranational courts 2.3.1 The CJEU way of balancing: a labour reading 2.3.2 The ECtHR way of balancing: a labour reading 2.3.3 On reasonableness 2.3.4 Around values, balancing and proportionality in supranational courts 2.4 A reappraisal of constitutional balancing in Italy and Spain 2.4.1 Balancing in the Italian constitutional case law 2.4.2 Applied balancing in the Spanish constitutional case law and the principle of proportionality 2.4.3 Financial and economic factors in the Constitutional Courts’ case law 2.5 Conclusions 3 Italian and Spanish post-crisis case law and “its” fundamental labour rights 3.1 Introduction 3.2 The relevant Italian post-crisis case law 3.2.1 Public employees’ wage reduction before the Court 3.2.2 Retirement benefits revaluation and the modulation of the Court 3.2.3 On compensation for unjustified dismissal 3.3 The relevant Spanish post-crisis case law 3.3.1 The first and comprehensive judgment on the 2012 labour reform 3.3.2 The second and consistent judgment, one year later 3.4 Fundamental labour rights in the balance 3.4.1 The right to work 3.4.2 The right to collective bargaining 3.4.3 The right to a sufficient and proportionate remuneration and the principle of adequacy of pensions in the Italian case law 3.5 Conclusions 4 Constitutional balancing in the Italian and Spanish post-crisis case law 4.1 Introduction 4.2 The role of the Courts 4.3 The technique applied to supervise the legislator’s balancing 4.3.1 The principle of reasonableness that permeates the Italian constitutional post-crisis case law 4.3.2 The stone guest of the Spanish constitutional post-crisis case law: the principle of proportionality 4.4 The terms balanced 4.4.1 The Italian post-crisis case law and the public financial contingencies 4.4.2 The Spanish post-crisis case law and the overriding fight against unemployment 4.4.3 The economic crisis argument, in the balance? 4.4.4 An uncontroversial axiological term: the freedom to conduct a business 4.5 Conclusions Conclusions Bibliography Index
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Taylor & Francis Fundamental Labour Rights and the Constitution
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Taylor & Francis Between Democracy and Law
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Taylor & Francis Ltd Ownership Financial Accountability and the Law
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Taylor & Francis Ltd Philosophy of Law in Korea
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Taylor & Francis Ltd The Language of Law and Food Metaphors of Recipes and Rules Juris Diversitas
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Taylor & Francis Ltd The Language of Law and Food
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Taylor & Francis Property and Justice
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Taylor & Francis Ltd The Origin of Copyright
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Taylor & Francis Ltd The Origin of Copyright
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Taylor & Francis Ltd Armed Conflict and Human Rights Law
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Taylor & Francis Ltd Armed Conflict and Human Rights Law
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Taylor & Francis Leading Works in Legal Ethics
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Taylor & Francis Ltd Natural Law and Religious Freedom
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Taylor & Francis Political and Legal Approaches to Human Rights
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Taylor & Francis Ltd Constitutional Change and Popular Sovereignty
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Taylor & Francis Judicial LawMaking in European Constitutional Courts Comparative Constitutional Change
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Taylor & Francis Law Legislation and Liberty The Collected Works of FA Hayek
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Taylor & Francis Ltd Women and the Law in the Roman Empire A Sourcebook on Marriage Divorce and Widowhood Routledge Sourcebooks for the Ancient World
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Taylor & Francis Ltd Public and Private Legal Political and Philosophical Perspectives
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Taylor & Francis Ltd Public and Private
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Taylor & Francis Ltd Rights A Critical Introduction
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Taylor & Francis Ltd CISG and the Unification of International Trade Law
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Taylor & Francis Human Rights and Empire
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Taylor & Francis Human Rights and Empire
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Taylor & Francis Intersectionality and Beyond
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Taylor & Francis Intersectionality and Beyond
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Taylor & Francis Giorgio Agamben Power Law and the Uses of Criticism Power Law and the Uses of Criticism Nomikoi Critical Legal Thinkers
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Taylor & Francis Law and Irresponsibility
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Taylor & Francis Law and Irresponsibility
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Taylor & Francis Arguing About Law
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Taylor & Francis Arguing About Law
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Taylor & Francis Jurisdiction
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Taylor & Francis Jurisdiction
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Taylor & Francis Sovereignty Knowledge Law
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Taylor & Francis Carl Schmitt
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Taylor & Francis Law and Evil Philosophy Politics Psychoanalysis
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Taylor & Francis Ltd Global Perspectives on the Rule of Law Law Development and Globalization
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Taylor & Francis The Foundation of the JuridicoPolitical
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Taylor & Francis The Reconstruction of the JuridicoPolitical
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Taylor & Francis Evil and Moral Psychology
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Taylor & Francis Women Judging and the Judiciary
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Taylor & Francis Asian Popular Culture
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Taylor & Francis Asian Popular Culture
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Taylor & Francis Law and the Philosophy of Privacy
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Taylor & Francis Law Ethics and the Biopolitical
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