Derecho Del Trabajo Teoria Fundamental
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Author | : Giulia Frosecchi |
Publisher | : Taylor & Francis |
Total Pages | : 150 |
Release | : 2023-07-05 |
Genre | : Law |
ISBN | : 1000902579 |
The 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.
Author | : Rainer Arnold |
Publisher | : Springer |
Total Pages | : 444 |
Release | : 2017-05-16 |
Genre | : Law |
ISBN | : 3319551868 |
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author | : Nuno Cerejeira Namora |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 622 |
Release | : 2019-01-17 |
Genre | : Law |
ISBN | : 1527526097 |
This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).
Author | : A. Bugra |
Publisher | : Springer |
Total Pages | : 267 |
Release | : 2007-10-01 |
Genre | : Business & Economics |
ISBN | : 0230607187 |
Using Karl Polanyi's analysis of the separation of politics and the economy, the book argues that the market economy is not a spontaneous process, but a 'political project' realized through institutional change where labour, land, money, and currently knowledge are commodities. The contributions explore the impact of this commodification process.
Author | : Encyclopaedia Britannica, Inc |
Publisher | : Encyclopaedia Britannica, Inc. |
Total Pages | : 2982 |
Release | : 2011-06-01 |
Genre | : Juvenile Nonfiction |
ISBN | : 1615355162 |
The Britannica Enciclopedia Moderna covers all fields of knowledge, including arts, geography, philosophy, science, sports, and much more. Users will enjoy a quick reference of 24,000 entries and 2.5 million words. More then 4,800 images, graphs, and tables further enlighten students and clarify subject matter. The simple A-Z organization and clear descriptions will appeal to both Spanish speakers and students of Spanish.
Author | : Josep Maria Castella Andreu |
Publisher | : Atelier Libros |
Total Pages | : 357 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 8415929374 |
Author | : Alberto Trueba Urbina |
Publisher | : |
Total Pages | : 896 |
Release | : 1973 |
Genre | : Administrative law |
ISBN | : |
Author | : |
Publisher | : LIT Verlag Münster |
Total Pages | : 436 |
Release | : 2003 |
Genre | : Law |
ISBN | : 9783825866389 |
The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
Author | : Pablo Marshall |
Publisher | : Lexington Books |
Total Pages | : 229 |
Release | : 2018-11-27 |
Genre | : History |
ISBN | : 1498563155 |
Citizenship and Disadvantaged Groups in Chile seeks to overcome an existing void in the literature of Latin American studies addressing the impact of Chile’s post dictatorial legal framework on its historically and structurally disadvantaged groups, concentrating on the various issues and challenges that affect them. Within its eleven chapters it explores the changing social and legal status of LGBTI people, the political disenfranchisement and the social exclusion that affects imprisoned individuals, the harshness of policing on poor and marginalized communities, the deprivation of indigenous peoples of meaningful rights, the vulnerability that affects workers as a consequence of the existing model of labor relations, the disenfranchisement that affects migrants seeking economic opportunities, the denial of citizenship to women involved in the prohibition of abortion, the unsatisfactory regulation of sex work, the prevalence of domestic violence, and the absence of adequate means for disadvantaged groups to institutionalize their political representation. This book offers a distinctive contribution, focusing on a specific country in the Global South that is presently undergoing a process of economic consolidation while facing many of the problems of traditional and unequal Latin American societies.
Author | : International Labour Organization. Bureau of Library and Information Services |
Publisher | : |
Total Pages | : 334 |
Release | : 2001 |
Genre | : Labor |
ISBN | : |