Right to Unionize
This chapter analyzes the right to unionize. It first describes the doctrinal aspects of this right, and how it is organizational in nature. It also theorizes why unions are well equipped to protect the right to unionize and other workers’ rights, and why the constitution can help them do so. It then presents results from a global statistical analysis, which reveal that constitutional protections of the right to unionize are systematically associated with higher levels of respect for the right to unionize practice. It attributes this finding to the actions by trade unions, which use the constitution to protect their rights. This chapter also presents findings from a case study on the right to unionize in Tunisia, which illustrates how trade unions strategically used the Tunisian Constitution to protect their rights.