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Books > Law > International law > Public international law > International human rights law
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Fundamental Labour Rights and the Constitution - Constitutional Balancing in Italy and Spain (Hardcover)
Loot Price: R3,982
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Fundamental Labour Rights and the Constitution - Constitutional Balancing in Italy and Spain (Hardcover)
Series: Studies in Modern Law and Policy
Expected to ship within 9 - 17 working days
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This book reflects on constitutional balancing from the perspective
of fundamental labour rights. It draws on neo-constitutional
theories and builds on the assumption that fundamental labour
rights, understood as rights aimed at protecting workers during
their working life or after retirement, are the normative
expression of founding values and can be balanced against equally
axiological constitutional principles. The balancing of
constitutional labour rights can be conducted by various
institutional actors and by applying different techniques. This
volume reviews the theoretical debates on judicial balancing and
the approaches adopted by the Court of Justice of the European
Union and the European Court of Human Rights, to proceed with a
closer assessment of Italian and Spanish judicial traditions. In
particular, it addresses the main profiles of the case law of the
Italian and Spanish Constitutional Courts on labour and social law
reforms adopted in the aftermath of the 2008 crisis, where
balancing takes place between labour rights and economic
principles. The analysis is focused on four main aspects: the
fundamental labour rights in the balance; the role of the Courts;
the technique applied by the Judges; and the constitutional
interests subject to the balancing. It ultimately reveals that the
axiological nature of fundamental labour rights is preserved and
the economic and financial contingencies confirm their factual
character, although they are occasionally recognised a prominent
role in the ratio decidendi. The book will be a valuable resource
for academics and researchers working in the areas of labour law,
social security law, legal theory and constitutional law.
General
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