Exporting Democratic Rights as a Product

Author(s):  
Stuart S. Nagel
Keyword(s):  
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston

The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a requirement that to be lawful strike action must first be approved by a ballot of workers concerned. Often, these requirements are said to be necessary to protect the democratic rights of the workers concerned: this is the so-called ‘democratic imperative’. In order to evaluate the true purpose and effect of ballot requirements the book draws upon the detailed empirical study of the operation of the Australian legislative provisions noted above; a comparative analysis of law and practice in a broad range of countries, with special reference to Canada, South Africa, the United Kingdom and the United States; and the jurisprudence of the supervisory bodies of the International Labour Organisation. It finds that in many instances ballot requirements – especially those relating to quorum – are more concerned with curtailing strike activity than with constructively responding to the democratic imperative. Frequently, they also proceed from a distorted perception of what ‘democracy’ could and should entail in an industrial context. Paradoxically, the study also finds that in some contexts ballot requirements can provide additional bargaining leverage for unions. Overall, however, the study confirms our hypothesis that the principal purpose of ballot requirements – especially in Australia and the United Kingdom – is to curtail strike activity rather than to vindicate the democratic imperative, other than on the basis of a highly attenuated reading of that term. We believe that the end-result constitutes an important study of the practical operation of a complex set of legal rules, and one which exposes the dichotomy between the ostensible and real objectives underpinning the adoption of those rules. It also furnishes a worked example of multi-methods empirical, comparative and doctrinal legal research in law, which we hope will inspire similar approaches to other areas of labour law.


2021 ◽  
pp. 097639962097863
Author(s):  
Krishna Prasad Pandey

Nepal and Bhutan, two Shangri-las of South Asia, share similar geo-political features but substantially differ in terms of demographic size and ethno-political history. The Constitution of Nepal 2015 which was promulgated by the second Constituent Assembly formed in 2013 came up with its inclusive character as it secured reasonable space for the ethnic minorities and owned their political, economic and cultural concerns. On the contrary, Bhutan adopted a different course in terms of accommodating ethnic and minority aspirations, although the country has also chosen parliamentary democracy in a narrow sense since 2008. From constitutional point of view, Nepal’s move from a liberal to an inclusive constitution made strenuous effort to bring all sections of Nepali society on board but Bhutan’s shift from a royal decree to an exclusionary constitution consciously left a large section of minority behind by suppressing their legitimate claims for basic democratic rights. This article explores the inclusive and exclusionary characters of the current constitutions of these countries from ethnic perspective.


Inquiry ◽  
2012 ◽  
Vol 55 (4) ◽  
pp. 386-404 ◽  
Author(s):  
Kory P. Schaff
Keyword(s):  

2000 ◽  
Vol 30 (2) ◽  
pp. 353-371 ◽  
Author(s):  
Samuel S. Epstein

An interlocking legislative complex is proposed for the control of carcinogenic and other adverse impacts of established run-away petrochemical and radionuclear technologies, with particular reference to winning the losing war against cancer. These proposals are also applicable to the poorly recognized, potentially adverse public health and environmental hazards of emerging technologies, particularly genetically engineered food production. The proposals embody fundamental democratic rights—the right to know and balanced and transparent decision making—the “Precautionary Principle,” reduction in the use of toxics, incentives for the development of safe industrial technologies, and criminal sanctions for suppression or manipulation of information.


1994 ◽  
Vol 22 (2) ◽  
pp. 9
Author(s):  
Georges Nzongola-Ntalaja
Keyword(s):  

2021 ◽  
pp. 001041402199716
Author(s):  
Jana Morgan ◽  
Nathan J. Kelly

Although many countries meet electoral standards of democracy, often these regimes fail to promote social inclusion or meaningful representation. We argue that systems of exclusion have deleterious consequences for how people think about democracy, undermining tolerance for political dissent. Using cross-national public opinion data together with contextual measures of economic and political marginalization along ethnoracial lines, we evaluate the relationships between exclusion and political tolerance across Latin America. Over-time analysis in Bolivia further probes the mechanisms linking exclusion to intolerance. We find that tolerance of dissent is depressed where ethnoracial hierarchies are pronounced. We advance understanding of oft-unexplained society-level differences in political tolerance and emphasize the importance of the macro-structural context in shaping citizens’ commitments to basic democratic rights.


Social Change ◽  
2021 ◽  
Vol 51 (4) ◽  
pp. 475-482
Author(s):  
Zoya Hasan

The recent spread of the delta variant of the COVID-19 pandemic in many countries, though uneven, has once again set alarm bells ringing throughout the world. Nearly two years have passed since the onset of this pandemic: vaccines have been developed and vaccination is underway, but the end of the campaign against the pandemic is nowhere in sight. This drive has merely attempted to adjust and readjust, with or without success, to the various fresh challenges that have kept emerging from time to time. The pandemic’s persistence and its handling by the governments both have had implications for citizens’/peoples’ rights as well as for the systems which were in place before the pandemic. In this symposium domain experts investigate, with a sharp focus on India, the interface between the COVID-19 pandemic and democracy, health, education and social sciences. These contributions are notable for their nuanced and insightful examination of the impact of the pandemic on crucial social development issues with special attention to the exacerbated plight of society’s marginalised sections. In India, as in several other countries, the COVID-19 pandemic has affected democracy. The health crisis came at a moment when India was already experiencing democratic backsliding. The pandemic came in handy in imposing greater restrictions on democratic rights, public discussion and political opposition. This note provides an analysis and commentary on how the government’s response to the COVID-19 pandemic impacted governance, at times undermining human rights and democratic processes, and posing a range of new challenges to democracy.


2019 ◽  
Vol 44 (3) ◽  
pp. 80-83
Author(s):  
Mingliang Feng

To improve the quality of life, human-oriented smart city planning and management based on time-space behavior was studied. First, the basic theory of time-space behavior and smart city was introduced. The relationship between public participation and smart city construction planning was analyzed, and the positive and negative significance of public participation in smart city construction planning was expounded. Then, the mechanism for public participation in smart city construction planning was proposed. Finally, public participation in smart city construction planning was analyzed from the perspectives of power balance, interest coordination and safeguard measures. The results showed that public participation in smart city construction planning was an important manifestation of the realization of public democratic rights. The scientific nature and feasibility of smart city construction planning was enhanced. The smooth implementation of smart city construction planning was an important foundation for promoting smart city construction. Therefore, public participation is an important way to safeguard social public interests and build a harmonious society.


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