Methods, theory and philosophy of law Books
Taylor & Francis Inspiring a MedicoLegal Revolution
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Taylor & Francis Ltd General Defences in Criminal Law
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Taylor & Francis The Utopian Human Right to Science and Culture
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Taylor & Francis Legal Interpretation in International Commercial Arbitration
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Taylor & Francis Ltd Legal Certainty in Multilingual EU Law Language Discourse and Reasoning at the European Court of Justice
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Taylor & Francis Legitimizing Human Rights
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Taylor & Francis Participation in Crime Domestic and Comparative Perspectives
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Taylor & Francis Ltd Family Values and Family Justice
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Taylor & Francis Globalisation and Business Ethics
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Taylor & Francis Can Human Rights and National Sovereignty Coexist
Book SynopsisLooking at two of the key paradigms of the post-Cold War eraânational sovereignty, and human rights â this book examines the possibilities for their reconciliation from a global perspective. The real or imagined fear of a flood of immigrants has caused and fuelled the surge of an amalgam of populist political forces, anti-immigrant movements, and exclusionist nationalism in many developed countries. In the last decade, we have witnessed the emergence of two phenomena in the political and legal spheres. On the one hand, there are liberal globalists asking for respect and the protection of the basic human rights of migrants and asylum seekers and arguing for their civic and social integration into host societies. On the other hand, there are growing calls for a tougher stance on immigration, and powerful populist politicians and governments have emerged in many developed countries. How can the idea of universal human rights survive exclusionist nationalism that uses a populist,Table of ContentsIntroduction Tetsu SakuraiPart 1 Tension between National Sovereignty and Rights of Immigrants1. Human Rights to Asylum and Non-Refoulement: Rights of Expulsi and Suppliants in the System of Natural and Volitional Law Formulated by Hugo Grotius Rainer Keil2. Self-determination and Immigration Control: A Critique Kevin Ip3. International Borders, Immigration and Nondomination Joshua KassnerPart 2 State Legislation and the Statuses of Immigrants4. Law-Making to Face the Migration Crisis: Developing Legislative Policy (Analysing the Swedish Case) Mauro Zamboni5. Can the Law Create Discrimination? Migration, Territorial Sovereignty and the Search for EqualityValeria Marzocco6. The Gap between Constitutional Rights and Human Rights: The Status of ‘Foreigners’ in Constitutional Law and International Human Rights Law Akiko EjimaPart 3 Human Rights and Border Control7. From Formalist Circumvention to Substantive Fulfilment: Taking Human and Fundamental Rights Seriously in European Migration Policy Frederik von Harbou8. Does International Human Rights Protection Trigger a Copernican Revolution for Immigration Law? Stefan Schlegel9. Migration, Neighbourliness, and Belonging Steven Scalet10. Reflective Inclusiveness as a Bridge between Human Rights and Nationalistic Attachment Tetsu SakuraiConclusion Mauro Zamboni
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Taylor & Francis Ltd Luhmann and SocioLegal Research
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Taylor & Francis Ltd Collective Action Philosophy and Law
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Taylor & Francis Ltd Law and Philosophy of Language
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Taylor & Francis Ltd Law and Philosophy of Language
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Taylor & Francis Intercultural Constitutionalism
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Taylor & Francis Ltd International Law and Muslim States
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Taylor & Francis Positive Freedom and the Law
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Taylor & Francis John Rawls and the Common Good
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Taylor & Francis Ltd John Rawls and the Common Good
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Taylor & Francis Ltd Obligations
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Taylor & Francis The Social Epistemology of Legal Trials
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Taylor & Francis Ltd Christianity Ethics and the Law
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Taylor & Francis Ltd Populist Challenges to Constitutional Interpretation in Europe and Beyond
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Taylor & Francis Ltd An Unruly Child A history of law in Australia
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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 Personal Autonomy in Plural Societies
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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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