Labor and the Government: A Comparative Historical Perspective

1977 ◽  
Vol 37 (1) ◽  
pp. 210-225 ◽  
Author(s):  
Gaston V. Rimlinger

This article compares the development of the workers' right to organize and bargain collectively in England, France, and the U.S. Starting with a common repressive policy, each country followed a different path toward establishing the workers' rights. The main ultimate difference lies in the extent to which the state became involved in industrial relations. In England the state remained aloof after securing very broad legal rights of collective action. The workers were left to do their own battling. In France the state came to look upon collective agreements as an aspect of public policy and became the dominant partner in labor negotiations. The American pattern lies in between: state protection extends to procedural but not to substantive issues.

2021 ◽  
pp. 483-520
Author(s):  
Eric Van Young

Alamán’s internal self-exile in Mexico City, when he hid for nearly two years only to emerge in 1834, is discussed in as much detail as is possible for a largely undocumented episode. Having left the government along with the other ministers during 1832, he was being pursued by agents of the state and political enemies to stand trial before a congressional grand jury for his involvement in the judicial murder of Vicente Guerrero. The chapter also discusses his cordial relationship with the U.S. envoy who replaced the recalled Joel Poinsett, Anthony Butler. The fall of the Anastasio Bustamante government to an uprising led by Santa Anna is narrated, along with Alamán’s eventual trial, his spirited defense of himself, the intervention of Carlos María de Bustamante (not the president) on his behalf before the Supreme Court, and the ex-minister’s exoneration at the hands of President Santa Anna.


2021 ◽  
Author(s):  
◽  
Patricia Gay Simpkin

<p>The purpose of this thesis is to examine the response of secondary school teachers to the Tomorrow's Schools education reforms. Their early response was made largely through their union, the Post Primary Teachers' Association (PPTA), in an industrial relations setting as the reform proposals were in development and taking their final shape. The interaction between the professional project of these teachers with the proposed reforms produced an outcome for secondary school education shaped by the interaction, rather than just by the reforms themselves. A case study situated at the intersection of industrial relations, state sector and education restructurings during the period 1984-1989 is the focus of the thesis. The argument is located within French regulationalist theory. The concept of the Keynesian Welfare National State provides a means for connecting education as part of the mode of regulation with the role of the state in New Zealand. The Fourth Labour Government entered into a political project that shifted the role of the state in the economy and society. The roots of the project lay in the discourse of economic rationalism. Policy resulting from this discourse was put into operation through legislation affecting all parts of the state. In education, the discourse of economic rationalism introduced a new approach, the values of which were at odds with those of the previous education settlement of the Keynesian Welfare National State. The object of the thesis is to trace the process of change within the secondary schools sector of education through the years 1984-1989 as the two different sets of values interacted. The assumption is made that institutional change results from a dynamic interaction between new ideas and continuities and discontinuities with the past. This allows for the possibility of the effects of agency on public policy. Analysis focuses on a series of industrial negotiations between the PPTA and the State Services Commission, the negotiating body for government. They took place as various government policy documents and resulting legislation altered the positioning of teachers within the state. The negotiations were of such a character that the educational discourses of economic rationalism and the education settlement of the Keynesian Welfare National State came into conflict and were debated at length. The thesis concludes that, by the end of the negotiations and despite the introduction of legislation on education, the values of secondary teachers remained substantially unchanged and in opposition to the intent of the government reforms.</p>


Author(s):  
Derets Viktoria

Introduction. By this time the ministry has not yet become central bodies of executive power (CEB), whose leading function is the formation of State policy. The type chosen for another CEB does not always correspond to the features performed by this organ. It is difficult to separate the "functions in the implementation of State policy" from "some functions for implementing State Policy". The law does not define "public policy". This negatively affects the functioning of the CEB system. The aim of the article. The purpose of the article is analysis of existing problems in organization and activity of the system of the CEB and scientific substantiation of ways of their solution. Results. The term "ministry" means a kind of CEB has two main features: 1) The ministry responsible for the development of State policy; 2) The ministry is headed by a member of the government-a politician and not a government official. The main purpose of the executive power-solving body of social problems; Task – A set of measures that are derived from the main goal and subject to resolution to achieve it, specify the main purpose of the activity of the Authority; The function is activity related to obtaining a clearly defined final result which directly reflects the goal achievement and tasks of the executive authority. As for the optimal number of ministries in Ukraine, we believe that the decisive should be that all directions of the State policy are in the sphere of influence of the government, their unjustified chopping or consolidation between the ministries, as well as the chosen The number of ministries allowed to implement program of CMU. Along with the agencies, services and inspections should allocate another category of "other" CEBs, which neither in the form nor on the functional orientation do not belong to services, agencies, inspections. State policy-enshrined in the Constitution and laws of Ukraine, other acts of legislation the rules of operation and strategic objectives of the State and their due directions of activity of the State, approved by the decisions of the competent bodies of State power. Conclusions. The basis for the reform of the existing system of COIS proposed to put a division of functions in the formation of State policy and functions for the implementation of State policy. The CMU should provide for the formation and implementation of State policy. Ministry – to form State policy and ensure its implementation. Other CEBs – implement State policy. The legislation should define the meaning of the term "public policy". The tasks and functions of ministries shall be clearly defined. The type of each other CEB (service, Agency, inspection) shall comply with the legally fixed features for it.


FIAT JUSTISIA ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 93-118
Author(s):  
Anak Agung Gede Duwira Hadi Santosa ◽  
Kadek Agus Sudiarawan ◽  
I Made Marta Wijaya

The presence of the omnibus law of the Employment Cluster of Job Creation Law haven’t consider to solve the crucial problems in the Manpower Law, but its further away from the purpose of the welfarestate concept  and leads to the purpose of the nachtwakerstaat. The aims of this research to determine position omnibus law of the Job Creation Law after it’s passed within in the scope of welfarestate concept or nachtwakerstaat concept and to analyse the construction of labour law concept in accordance to concept of welfarestate in the future. This research used a normative legal research method with a statute approach and elaborated with a legal concept analysis approach. The results show there are crucial problems in the Employment Cluster of the Job Creation Law such as the elimination of several principal provisions in Manpower Law that indicates the role and presence of the state in labour law is getting minimum and also the Job Creation Law point out many things that returned the agreement mechanism by the parties. This show that, Employment Cluster of the Job Creation Law tends to the nachtwakerstaat concept and far away from welfarestaat concept. The solutions of the issues by doingrevision to the Employment Chapter of the Job Creation Law by adjusted the welfarestate concept, alsorestore and strengthen the function of the government as a part of industrial relations as a regulator and supervisor


2018 ◽  
Vol 40 (4) ◽  
pp. 654-673 ◽  
Author(s):  
Valeria Pulignano ◽  
Domenico Carrieri ◽  
Lucio Baccaro

Purpose The purpose of this paper is to reflect on the developments which have characterized Italy’s industrial relations from post-war Fordism to neo-liberal hegemony and recent crisis, with a particular focus on the major changes occurred in the twenty-first century, especially those concerning concertative (tripartite) policy making between the government, the employers’ organizations and the trade unions. Design/methodology/approach This study is a conceptual paper which analysis of main development trends. Findings Italy’s industrial relations in the twenty-first century are characterized by ambivalent features which are the heritage of the past. These are summarized as follows: “collective autonomy” as a classical source of strength for trade unions and employers’ organization, on the one hand. On the other hand, a low level of legislative regulation and weak institutionalization, accompanied by little engagement in a generalized “participative-collaborative” model. Due to the instability in the socio-political setting in the twenty-first century, unions and employers encounter growing difficulties to affirm their common points of view and to build up stable institutions that could support cooperation between them. The result is a clear reversal of the assumptions that had formed the classical backdrop of the paradigm of Italy’s “political exchange.” This paradigm has long influenced the way in which the relationships between employers, trade unions and the state were conceived, especially during 1990s and, to some extent, during 2000s, that is the development of concertative (tripartite) policy making. However, since the end of 2000s, and particularly from 2010s onwards national governments have stated their intention to act independently of the choices made by the unions (and partially the employers). The outcome is the eclipse of concertation. The paper explores how the relationships among the main institutional actors such as the trade unions (and among the unions themselves), the employers, and the state and how politics have evolved, within a dynamic socio-political and economic context. These are the essential factors needed to understand Italy’s industrial relations in the twenty-first century. Originality/value It shows that understanding the relationship among the main institutional actors such as the trade unions (and among the unions themselves), the employers and the state and their politics is essential to understand the change occurred in contemporary Italy’s industrial relations.


Author(s):  
Robert M. Lichtman

This chapter discusses the U.S. Supreme Court’s decisions during its October 1957 term. The continued heavy flow of “Communist” cases produced fourteen signed decisions and two via per curiam opinions. The outcomes were mixed, but they revealed a shift in the Court’s direction. The government prevailed in two state public-employee loyalty cases and three criminal contempt cases. However, it lost five deportation decisions, two decisions testing the State Department’s authority to deny passports on political grounds, and two narrow rulings invalidating state laws that conditioned the receipt of government benefits on signing a non-Communist oath. It also lost the two per curiam decisions—one reviewing the issuance of less-than-honorable Army discharges to “subversive” draftees and the other a contempt-of-Congress case against Dennis lawyer Harry Sacher.


1989 ◽  
Vol 31 (1-2) ◽  
pp. 1-22 ◽  
Author(s):  
Mats Lundahl

…widespread social evils are seldom unconnected with the selfish and brutal behavior of powerful groups and individuals…(Andreski, 1966)Most economic models do not explicitly incorporate the “state” or the “government” into their analyses. Instead, this entity is viewed as a deus ex machina which plans and directs economic policy according to notions of efficiency, growth, distributional justice, and so on, that form the central concepts of the models. Unfortunately, the same naive thinking permeates a good deal of public policy analysis. This is the case, for example, with issues of development and underdevelopment. Here, attention is concentrated on “technical,” or “economic,” solutions, while taking for granted, either implicitly or explicitly, the existence of the political will necessary to implement them.


2018 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Supardi Usman

Inspired by “Should Trees Have Standing? Toward Legal Rights for Natural Objects” (Christopher D. Stone, 1974) that popularized the doctrin: “environment as a legal subject”. This thesis was directly elaborating the relation between the constitutional aspect of the “state of law” and its admission of environmental rights, not just about the dimention of the philosophy of law but beyond of it: this thesis was discuss about the theoretical dimention of law and its relevance in Indonesia. At least there are two monumental cases in the world which were become the landmark case of environmental disputes resolution based of by the doctrin of ecocracy. In the dissenting opinion of the judge William O. Douglas in Sierra Club vs Morton’s case, United Stated of America (1972) and in the appeal decision of the Wheeler vs the Government of the provincial of Roja’s case, Ecuador (2011). Those cases had opened a new perspective in the legal proceeding that the environment had be approved as a legal person. In other words, the environment had recognized as a legal subject. Then, by using the conseptual approach and comparative of law approach, this thesis had elaborated the relevance of this doctrin: “The Environment as a Legal Subject” in Indonesian context then verified it with the related legal theories. Besides it all, in this thesis also discuss the relation between of the environmental legal protection and the state of law concept in the ecocracy and constitualism perspective framework. Hopefully this thesis would be the steping stone to realize the constitutionalisation the environment rights and to realize the legal standing innovation in the environmental disputes resolution.


2019 ◽  
Vol 19 (2) ◽  
pp. 94-107
Author(s):  
Rupi'i Amri

Abstract: The tendency to apply sharia to the state or government by some Muslims is a very interesting new phenomenon in many Muslim countries. Several Muslim countries, such as Indonesia, Pakistan, Jordan, Sudan, Egypt, Morocco, Kuwait and Iran are examples of countries where "Islamist" groups want to implement sharia into government. Of course this desire raises different views from Islamic figures, some support and some oppose it. This paper seeks to find answers to the problems that arise from the views of supporters and opponents of the Islamic state, with the core of the problem are:  (1) seeking and knowing the concept of Islam and Caliphate in the Islamic political system; (2) explaining the government system according to historical perspective; namely in the era of the Prophet Muhammad and Khulafa ar-Rasyidin; and (3) explaining the relationship between religion and state in the concept of siyasa fiqh. The conceptual framework used in this paper is that there are two important things to be achieved in politics, namely (1) politics as anything related to state administration; and (2) politics as all activities directed to seek and maintain power in society. In relation to this, there is often a "tension" between groups that want to implement the Shari'ah into the rules of government with groups that oppose it. If the desires of the two groups cannot be met, then there is no possibility of various acts of violence in a country, and can even lead to a coup against the current government. Some findings from this study are that (1) System of government in an Islamic perspective is not clearly stated in the Quran and Sunnah so that Islamic political thinkers disagree over what government system must be applied in a nation state; (2) In a historical perspective, the system of government in the time of the Prophet Muhammad was more concerned with the substance of Islamic values into the system of state government. This can be seen rules of the Madina Constitution, while the government of the Khulafa ar-Rasyidin used a system of power of autocracy and monarchic dynasty; (3) Islamic political thinkers differ in their views on the relation between religion and state in the concept of siyasa fiqh into three groups, namely (1) religion and state must be integrated and cannot be separated because the state is a political and religious institution; (2) religion and state are not related at all because the Prophet Muhammad was only an ordinary prophet like the previous prophet with the single task of inviting people back to noble life; (3) religions and state relate reciprocally and need each other. Abstrak: Kecenderungan untuk menerapkan syariah Islam ke dalam negara atau pemerintahan oleh sebagian orang Islam merupakan gejala baru yang sangat menarik di banyak negara Muslim. Beberapa negara muslim, seperti Indonesia, Pakistan, Yordania, Sudan, Mesir, Maroko, Kuwait dan Iran merupakan contoh negara-negara di mana kelompok-kelompok “Islamis”-nya ingin menerapkan syariah ke dalam pemerintahan. Tentu saja keinginan tersebut menimbulkan pandangan yang berbeda-beda dari tokoh-tokoh Islam, sebagian ada yang mendukung dan sebagian lagi menentangnya. Tulisan ini berusaha untuk mencari jawaban terhadap permasalahan-permasalahan yang muncul dari pandangan para pendukung dan penentang  negara  syariah, dengan inti permasalahannya adalah : (1) mencari dan mengetahui konsep Islam dan Kekhalifahan dalam sistem politik Islam; (2) menjelaskan sistem pemerintahan dalam perspektif historis, terutama pada masa Nabi Muhammad dan Khulafa ar-Rasyidin, dan (3) menjelaskan hubungan agama dan negara dalam konsep fiqh siyasah. Kerangka konseptual yang dipergunakan dalam tulisan ini adalah bahwa terdapat dua hal penting yang hendak dicapai dalam politik, yaitu       (1) politik sebagai segala yang berkaitan dengan penyelenggaraan negara; dan (2) politik sebagai segala kegiatan yang diarahkan untuk mencari dan mempertahankan kekuasaan dalam masyarakat. Dalam kaitannya dengan hal tersebut, seringkali terjadi “ketegangan” antara kelompok yang ingin menerapkan syari’ah ke dalam aturan-aturan pemerintahan dengan kelompok yang menentangnya. Apabila keinginan dari kedua kelompok tersebut tidak dapat dipertemukan, maka tidak menutup kemungkinan akan terjadi berbagai tindak kekerasan dalam suatu negara, dan bahkan dapat menimbulkan kudeta terhadap pemerintahan yang sedang berjalan. Beberapa temuan dari peneletian ini adalah (1) Sistem pemerintahan dalam perspektif Islam tidak disebutkan secara jelas dalam al-Quran dan Sunnah sehingga para pemikir politik Islam berbeda pendapat tentang sistem pemerintahan apa yang harus diterapkan ke dalam sebuah negara-bangsa (nation-state); (2) Dalam perspektif historis, sistem pemerintahan pada masa Nabi Muhammad lebih mementingkan substansi nilai-nilai Islam ke dalam sistem pemerintahan negara. Hal ini dapat dilihat pada aturan-aturan yang tertuang dalam Piagam Madinah, sedangkan pemerintahan pada masa Khulafa’ ar-Rasyidin menggunakan sistem “autocratic power” (kekuatan autokrasi) dan a dynastic monarchy” (dinasti monarkhi); (3) Para pemikir politik Islam berbeda pandangan dalam menyikapi relasi agama dan negara dalam konsep fiqh siyasah menjadi tiga kelompok, yaitu pertama, agama dan negara harus terintegrasi dan tidak dapat dipisahkan sebab negara merupakan lembaga politik dan sekaligus keagamaan, kedua, antara agama dan negara tidak berhubungan sama sekali (terpisah) karena Nabi Muhammad hanyalah seorang Rasul biasa seperti halnya rasul-rasul sebelumnya, dengan tugas tunggal mengajak manusia kembali kepada kehidupan yang mulia, ketiga, agama dan negara berhubungan secara timbal balik dan saling membutuhkan.


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