scholarly journals The Freedom of Association Mess: How We Got into It and How We Can Get out of It

2009 ◽  
Vol 54 (1) ◽  
pp. 177-212 ◽  
Author(s):  
Brian Langille
Keyword(s):  
Constitutional Law ◽  
Supreme Court Of Canada ◽  
Freedom Of Association ◽  
Labour Law ◽  
Labour Relations ◽  
State Action ◽  
Starting Point ◽  
The Supreme Court ◽  
The Impact ◽  
The Relationship

Abstract Canadian constitutional law regarding freedom of association for workers is a mess. The jurisprudence to date has taken an approach to state action and positive obligations to legislate which is inconsistent with section 15, and has failed to articulate the relationship between the abstract statement of basic rights or freedoms and the detailed statutes and regulations that instantiate and enforce them. This paper focuses on the impact of the recent decision of the Supreme Court of Canada in BC Health. The author argues that this case misunderstood Canada’s labour law history, international labour law obligations, “Charter values”, and the distinction between “freedoms” and “rights”. This paper argues that by using labour relations statutes as a starting point and applying the constitutional idea of equality, courts can protect freedom of association for workers and find a way out of the mess we are in.

scholarly journals The Labour Relations and the Canadian Charter; the aftermath of the first decisions

2019 ◽  
Vol 19 (4) ◽  
pp. 895-907
Author(s):  
J. Maurice Cantin
Keyword(s):  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Labour Law ◽  
Canadian Charter ◽  
Labour Relations ◽  
The Supreme Court ◽  
The Right ◽  
The Impact

The Charter was introduced at a time when there was no real demand for its existence. In this article, the author reviews the origin of the Charter and examines the impact on labour law of the initial decisions rendered by our Courts. He examines more particularly some of the first Charter decisions emanating from the Supreme Court of Canada. He writes that the Charter may have a damaging effect on labour law especially in relation to the right to strike and to picket. He concludes that the Charter is ill-suited for use in the labour relations domain.

The Use of United States Decisions by the Supreme Court of Canada Under the Charter of Rights and Freedoms

1990 ◽  
Vol 23 (3) ◽  
pp. 499-518 ◽  
Author(s):  
Christopher P. Manfredi
Keyword(s):  
United States ◽  
Civil Rights ◽  
Supreme Court ◽  
Constitutional Law ◽  
Preliminary Analysis ◽  
Legal Rights ◽  
Supreme Court Of Canada ◽  
The Supreme Court ◽  
Potential Impact ◽  
The Impact

AbstractThe adoption of the Canadian Charter of Rights and Freedoms has generated considerable interest among legal commentators who question the potential impact of United States civil rights jurisprudence on Charter adjudication. This article offers a preliminary analysis of the impact of US constitutional law generally, and civil rights jurisprudence in particular, on Charter adjudication in the Supreme Court of Canada between 1984 and 1988. Focussing on the Supreme Court's citations of US decisions, the study finds that the frequency of such citations has increased under the Charter. Moreover, the Court's use of these decisions has had a significant substantive impact in defining the nature of constitutional interpretation and the content of the Charter's legal rights.

The concept of human dignity in the case-law of the Supreme Court of Canada on Charter Equality Rights

2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Supreme Court ◽  
Human Dignity ◽  
Case Law ◽  
Supreme Court Of Canada ◽  
Equality Rights ◽  
The Supreme Court ◽  
Additional Burden ◽  
The Impact

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.

The model of HRM-trust-commitment relationships

2015 ◽  
Vol 115 (8) ◽  
pp. 1457-1480 ◽  
Author(s):  
Dagmara Lewicka ◽  
Katarzyna Krot
Keyword(s):  
Structural Equation ◽  
Affective Commitment ◽  
Content Type ◽  
Calculative Commitment ◽  
Starting Point ◽  
Research Findings ◽  
Organisational Trust ◽  
The Impact ◽  
The Relationship

Purpose – It is worth focusing on the examination of factors influencing the quality of the work environment. The purpose of this paper is to verify the influence of the HRM system and organisational trust on employee commitment. Design/methodology/approach – The survey was conducted in Poland among 370 employees in organisations from two sectors of the economy: services and industry. The verification of the theoretical model was performed based on structural equation modelling. Findings – Research findings made it possible to successfully verify the model of the relationship between the HRM system (practices, process), organisational trust and commitment. The starting point for trust in an organisation followed by commitment is the HRM system. It seems that the impact of the HRM process on creating organisational trust is higher. Research findings have also confirmed a relationship between each type of organisational trust and calculative commitment based on benefits, which is a strong determinant of affective commitment. Organisational trust is, therefore, an intermediary factor because the organisation must build trust in employees first before they become affectively committed. Originality/value – Current studies have not examined the issue of a mutual relationship between three constructs: perceived HRM practices and process, organisational trust and commitment. What is more, previous research was confined to the constructs analysed holistically without considering their complexity (different types of trust and commitment). In addition, the authors attempted to enrich Allen and Mayer’s (1991) model with a new aspect of the commitment – calculative, which is linked to the benefits received by employees. The authors also identified the mediating influence of the trust and calculative commitment onto the affective commitment.

scholarly journals Regulating Labour Relations in China : The Challenge of Adapting to the Socialist Market Economy

2005 ◽  
Vol 37 (3) ◽  
pp. 753-775
Author(s):  
Pitman B. Potter ◽  
Li Jianyong
Keyword(s):  
Economic Growth ◽  
Trade Unions ◽  
Legal Protection ◽  
Labour Law ◽  
Potential Significance ◽  
Major Step ◽  
Socialist Market Economy ◽  
Labour Relations ◽  
The Relationship ◽  
Socialist Market

This paper examines the new Labour Law of the PRC, effective January 1, 1995, in the light of current and historical conditions of labour relations in China. Provisions regarding the labour contract system and dispute resolution are discussed in greater detail. Issues related to the introduction of collective bargaining and to the relationship between trade unions and the Communist Party are also examined. In their overall assessment, the authors recognize the potential significance of the Labour Law as a major step towards the legal protection of workers' rights, but point out that its effectiveness could be undermined by the preeminent policy of economic growth, by concerns about political control, and by obstacles to full implementation.

Introduction

2018 ◽  
Author(s):  
Lucas A. Powe
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Local State ◽  
Court Cases ◽  
Law And Politics ◽  
The Supreme Court ◽  
Entire Nation ◽  
Constitutional Adjudication ◽  
The Impact

This book examines the impact of Supreme Court cases from Texas on the entire nation. It argues that the most important Supreme Court cases have originated in Texas, which help explain why it is Texas and not California that provides breadth and depth to constitutional adjudication. Texas litigants, lawyers, politicians, and judges all play important roles in the underlying interplay of law and politics at the local, state, and national levels. In all its facets, Texas offers a window to all constitutional law and the Supreme Court. The book shows that Texas's impact literally started at the beginning by precipitating a debate over national powers and then a war with Mexico, and that the fraught relationship between Texas, the nation, the Constitution, and the Supreme Court in the century and a half since Texas v. White has produced more constitutional law than any other state.

scholarly journals Religious Diversity, Education, and the “Crisis” in State Neutrality

2013 ◽  
Vol 29 (01) ◽  
pp. 103-122 ◽  
Author(s):  
Benjamin L. Berger
Keyword(s):  
Public Education ◽  
Religious Diversity ◽  
Diversity Education ◽  
Supreme Court Of Canada ◽  
Religious Difference ◽  
State Neutrality ◽  
Politics And Religion ◽  
Religion And Law ◽  
The Supreme Court ◽  
The Relationship

Abstract Education—and particularly public education—has become a crucible for the relationship between state and religious diversity, a principal site for contemporary debates about the meaning of secularism and the management of religious difference. This is so across a variety of national traditions, and despite wide differences in the historical and “emotional inheritances” surrounding the configuration of law, politics, and religion. Through an exploration of Hannah Arendt’s thought about responsibility and freedom in education, this article works towards a better understanding of why education is such a crucial and fraught field in the modern encounter between religion and law. The article turns to the recent jurisprudence of the Supreme Court of Canada to draw out the implications of these ideas, arriving ultimately at a claim about the nature and limits of the concept of state neutrality.

The Emergence and Development of Intellectual Property Law in Canada

2017 ◽  
Author(s):  
Daniel Gervais
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
Supreme Court Of Canada ◽  
Complex Relationship ◽  
Canadian Law ◽  
The Supreme Court ◽  
Important Trading Partner ◽  
The Impact

This chapter reviews the emergence of intellectual property (IP) norms in the areas of copyright, trademarks, patents, and designs in Canadian law from the early days of the Dominion’s complex relationship with British IP statutes and policy to a time of progressive independence from those statutes. It then reviews more recent changes, some of which were made to bring Canada’s laws into line with major international registration systems. Canada has also been ready to experiment with variations on IP themes. This is visible both in statutes and in decisions by the Supreme Court of Canada. The impact of the bijural nature of Canada’s legal system and its proximity to the United States are also discussed: Canada has integrated civil law notions into an edifice constructed mostly of common law bricks, and must confront demands from its most important trading partner in adapting its intellectual property framework.

scholarly journals The Impact of the Supreme Court of Canada on Intergovernmental Relations

Federalism-E ◽  
2018 ◽  
Vol 19 (1) ◽  
Author(s):  
Benjamin Goldlist
Keyword(s):  
Supreme Court ◽  
Intergovernmental Relations ◽  
Democratic Legitimacy ◽  
Supreme Court Of Canada ◽  
Political Resources ◽  
Canadian Federalism ◽  
The Supreme Court ◽  
Constitutional Adjudication ◽  
The Impact

The role of the Supreme Court in the practice of Canadian federalism, specifically the extent of its power and the effects of that power, is a hotly contested issue in Canadian political science. While some scholars have argued that the Court has taken on too political of a role that must be restricted, this paper develops the Court as a constitutional ‘umpire,’ whose rulings serve the important, but limited, functions of allocating political resources to incentivize negotiation, and establishing jurisdictional boundaries for said negotiations, leaving specific policy decisions to political, as opposed to legal, actors. Concerning the net outcome of the Court’s jurisprudence on the distribution of legislative powers, this paper illustrates the Court’s overall balancing approach, with grants of power to one level of government met with increases in authority to the other, in all major policy areas. Thus, ultimately shown to embrace both a limited and impartial approach to constitutional adjudication, the Court has done much to enhance its democratic legitimacy and constitutional utility.

scholarly journals Nature and classification of special principles of national labour law

2021 ◽  
Vol 12 (1) ◽  
pp. 123-130
Author(s):  
Valentin V. Ershov ◽  
◽  
Elena A. Ershova ◽  
Keyword(s):  
Legal Positivism ◽  
Labour Law ◽  
Law Enforcement Agencies ◽  
Law System ◽  
Labour Relations ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Jus Cogens ◽  
Legal Understanding

Most often, the principles of law in specialized literature are understood as the “initial principles”, “ideas” and “provisions” of law. It seems that such conclusions could only be made from the standpoint of legal positivism, which restricts essentially “all” law only to the norms of labour law contained in national legal acts. The article makes a different conclusion: ontologically homogeneous elements are synthesized from the position of the scientifically substantiated concept of integrative legal understanding, first of all, the principles and norms of labour law contained in a single, developing and multilevel system of forms of national and (or) international labour law implemented in the state. With this theoretical approach, the principles of law can be controversially referred to as quite vague “principles,” “ideas,” and “positions”. In support of their position, the authors of the article present several vivid examples of application of the Ruling No. 21 of the Plenary Session of the Supreme Court of the Russian Federation on June 2, 2015 “On Certain Issues that Arose in the Courts when Applying Legislation Governing the Work of the Head of the Organization and Members of the Collegial Executive Body of the Organization”. The article provides an overview of ideas about the principles of law and their change in the pre-revolutionary, Soviet and modern periods. The authors emphasize that the special principles of national labour law are derived from the fundamental (general) principles of both national and international law which, by their nature, constitute undeniable law (jus cogens) binding on law-making and law-enforcement agencies as well as officials. The article advocates the position that the special principles of national labour law are the fundamental, primary elements of the labour law system that independently regulate labour relations in order to specify the norms of labour law.

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