Full Description
This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.
Contents
PART I
JUDICIAL PROTECTION OF RIGHTS IN THE SOCIAL DEMOCRATIC CONSTITUTION
1. Reflections on Judicial Power and Human Rights
Patrick Elias
2. Courting Trouble. The Role of the Courts in Contemporary Democracy
Conor Gearty
3. Conflicts of Rights and Constitutional Balance
James Grant
4. The Human Rights Act and Labour Law at 20
Virginia Mantouvalou
PART II
PARLIAMENT IN THE SOCIAL DEMOCRATIC CONSTITUTION
5. Parliamentary Sovereignty and Constitutional Futures
Michael Gordon
6. Parliament, Sovereignty and the Paradox of the Political Constitution
Chris McCorkindale
7. Enhancing Parliamentary Democracy: The European Court of Human Rights' Scrutiny of National Parliaments' Exercise of Disciplinary and Internal Order Powers
Alastair Mowbray
8. Employment Status in the Social Democratic Constitution: Law and Politics
Alan Bogg
PART III
DEMOCRACY IN THE SOCIAL DEMOCRATIC CONSTITUTION
9. The Law of Electoral Democracy: Theory and Purpose
Graeme Orr
10. Political Finance and the Constitution of Social Democracy
Jacob Rowbottom
11. The Abolition of Class Government
Timothy K Kuhner
PART IV
SOCIAL JUSTICE IN THE SOCIAL DEMOCRATIC CONSTITUTION
12. The Liberal Socialist Tradition in UK Labour Law
Ruth Dukes
13. Protecting Vulnerable Workers, Fairness and State Intervention
Marilyn J Pittard
14. There is Power in a Union? Revisiting Trade Union Functions in 2019
Michael Ford KC and Tonia Novitz
15. The Irrepressible Common Law: The Economic Torts and the Right to Strike
Douglas Brodie
16. Corporatism and its Discontents: Pluralism, Anti-Pluralism and Anglo-American Industrial Relations, c. 1930-1970
Ben Jackson
17. What is the UK's True Constitution?
Ewan McGaughey
PART V
FRONTIERS OF THE SOCIAL DEMOCRATIC CONSTITUTION
18. Constituting Social Democracy and the Challenge of National Isolation
Mark Freedland
19. The Narrowing Constitution: European Constitutionalisms, the Social Market Economy, and the Principle of Accommodation
Nicola Countouris
20. Equality and Community for Migrant Workers
Joo-Cheong Tham
21. Democratic Socialism, Citizenship and Migration: The Progressive's Dilemma?
Judy Fudge
22. State Surveillance and Social Democracy: Lessons after the Investigatory Powers Act 2016
Cian C Murphy
23. Just Transitions for Workers: When Climate Change Met Labour Justice
Navraj Singh Ghaleigh
PART VI
AFTERWORD
24. Interview of Professor Keith Ewing by Lord Hendy KC on 13 September 2018
