The Mexican Supreme Court and the Juntas de Conciliación y Arbitraje, 1917–1924: The Judicialisation of Labour Relations after the Revolution

2009 ◽  
Vol 41 (4) ◽  
pp. 723-755 ◽  
Author(s):  
WILLIAM J. SUAREZ-POTTS
Keyword(s):  
Latin America ◽  
Supreme Court ◽  
Legal Status ◽  
Recent Trend ◽  
Industrial Relations ◽  
Case Law ◽  
Court Decisions ◽  
Legal Decisions ◽  
Constituent Part ◽  
Labour Relations

AbstractThis article reviews Mexican Supreme Court decisions concerning the legal status of juntas de conciliación y arbitraje (state labour boards of conciliation and arbitration) between 1917 and 1924. During this period the Court played an important role in legitimising these administrative boards, which have since become a constituent part of Mexico's state–labour regime. This examination of the Court's decisions shows how judge-made law contributed to the evolution of industrial relations in the country in the early 1920s. Furthermore, the article's discussion of the connection between the Court's evolving case law and its changing membership in this period indicates how its legal decisions were sensitive to political changes. This presents an early instance of the more recent trend toward the judicialisation of politics in Latin America.

Part V Rights and Freedoms, B Rights and Freedoms under the Charter, Ch.35 The Right to Protest, Freedom of Expression, and Freedom of Association

2017 ◽  
Author(s):  
Cameron Jamie ◽  
Rosiers Nathalie Des
Keyword(s):  
Supreme Court ◽  
Freedom Of Expression ◽  
Case Law ◽  
Freedom Of Association ◽  
Central Importance ◽  
Labour Relations ◽  
The Supreme Court ◽  
The Right ◽  
Key Aspects

Freedom of expression and freedom of association are guaranteed by section 2 of the Charter of Rights and Freedoms. These freedoms are closely related, conceptually and philosophically, but evolved in different directions under the Charter. Whereas section 2(b)’s guarantee of expressive freedom generated a rich jurisprudence across diverse issues, section 2(d)’s attention focused on associational freedom in the context of labour union activities. The authors draw on a pocket of section 2(b) case law on picketing and other labour-related expressive activities to bring these guarantees into comparison. In doing so, they comment on the Supreme Court of Canada’s interpretation of each guarantee, including the constitutionalization of key aspects of labour relations under section 2(d). In addition, the authors critique the Court’s jurisprudence, emphasizing the central importance of protecting protest and dissent activities under both guarantees.

A Need for Change: The Romanian Supreme Court's Approach to 'Appeals in the Interest of Law'

2010 ◽  
Vol 35 (3) ◽  
pp. 293-305
Author(s):  
Norel Neagu
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Case Law ◽  
First Century ◽  
European Court Of Justice ◽  
Court Decisions ◽  
Strict Interpretation ◽  
Court Of Justice ◽  
European Court ◽  
Supreme Court Decisions

AbstractThis article deals with the possibility of changing the approach to appeals in the interest of law in Romania according to the relevant guidelines extracted from the case law of the European Court of Justice. It provides a comparative analysis of Romanian Supreme Court decisions with those of the European Court of Justice with respect to guiding principles versus a strict interpretation of written legislation. The author highlights a modern path for the Romanian Court to follow in light of the requirements of the twenty-first century.

scholarly journals Court Decision Contra Legem or an Application of the Principle of Proportionality in Concreto?

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 27-44
Author(s):  
Asta Dambrauskaitė
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
National Court ◽  
Case Law ◽  
Legal Rule ◽  
Court Decision ◽  
European Convention ◽  
Court Decisions ◽  
Principle Of Proportionality

The article analyses cases of non-application of a national legal rule by cassation court judges hearing civil cases where, based on the analysis of concrete circumstances, the application of such a rule, in the opinion of judges, would lead to an infringement of the principle of proportionality and the European Convention on Human Rights. Decisions of two courts of cassation belonging to the continental law tradition (the Lithuanian Supreme Court and the French Court of Cassation) illustrate such a control of the application of the principle of proportionality in concreto. While national law is subject to an increasing impact of the case law of supranational courts, the legitimacy of such national court decisions is discussed also in the context of the transformations taking place in regard to the role of a judge.

scholarly journals On the issue of violation of the uniformity of judicial practice

2021 ◽  
Vol 39 (3) ◽  
pp. 113-117
Author(s):  
N. Sh. Gadzhialieva ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Status ◽  
Civil Procedure ◽  
Court Decisions ◽  
Judicial Practice ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Legislative Changes

The article is devoted to such grounds for the cancellation or amendment of court decisions in the supervisory procedure, as a violation of the uniformity of judicial practice. The author analyzes the provisions of the current civil procedure legislation, the explanations of the Plenum and the Presidium of the Supreme Court of the Russian Federation on the application of paragraph 3 of Article 391.9 of the Civil Procedure Code of the Russian Federation. The article identifies such problems as the lack of normative consolidation of the terms "judicial practice" "unity of judicial practice", the uncertainty of the legal status of acts of the highest judicial instance, the possibility of bringing judges to disciplinary responsibility for violating the unity of judicial practice. Based on the results of the study, the author comes to the conclusion that comprehensive legislative changes are necessary to achieve the unity of judicial practice

Worker Lawmaking, Sit-Down Strikes, and the Shaping of American Industrial Relations, 1935-1958

2006 ◽  
Vol 24 (1) ◽  
pp. 45-113 ◽  
Author(s):  
Jim Pope
Keyword(s):  
United States ◽  
Supreme Court ◽  
Legal Status ◽  
Labor Relations ◽  
Industrial Relations ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
National Labor Relations Act ◽  
Labor Practices

Between 1936 and 1939, American workers staged some 583 sit-down strikes of at least one day's duration. In the latter year, the United States Supreme Court issued its opinion inNLRB v. Fansteel Metallurgical Corporation, resolving the official legal status of the tactic.Fansteelmade it clear not only that a state could punish sit-downers for violating trespass laws, but also that an employer could lawfully discharge them—even if that employer had itself provoked the sit-down by committing unfair labor practices in violation of the National Labor Relations Act.

The Constitutional Case Law of Japan. Selected Supreme Court Decisions 1961-70.

1978 ◽  
Vol 33 (4) ◽  
pp. 502
Author(s):  
Thomas L. Blakemore ◽  
Hiroshi Itoh ◽  
Lawrence Ward Beer
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Court Decisions ◽  
Supreme Court Decisions

scholarly journals Employers' Use of Lockouts under the Employment Contracts Act 1991: A New Balance of Power?

1970 ◽  
Vol 17 (3) ◽  
Author(s):  
Rebecca Macfie
Keyword(s):  
Industrial Relations ◽  
Balance Of Power ◽  
Case Law ◽  
Employment Contracts ◽  
Labour Relations ◽  
Powerful Effect

Since May 1991 lockouts have become a more familiar feature of New Zealand's industrial relations environment, and have been used to powerful effect by employers on a number of well-publicised occasions. It has been argued that the Employment Contracts Act is not responsible for this development. This argument rests primarily on the fact that the ECA's lockout provisions were inherited from the Labour Relations Act. This paper examines the case law on lockouts under the ECA, and argues that the bargaining environment created by the ECA has made the lockout a more powerful, and the~efore more attractive, weapon than was the case under the LRA.

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