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Labour Law in an Era of GlobalizationTransformative Practices and Possibilities$
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Joanne Conaghan, Richard Michael Fischl, and Karl Klare

Print publication date: 2004

Print ISBN-13: 9780199271818

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199271818.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 18 November 2018

Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment

Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment

Chapter:
(p.510) (p.511) 26 Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment
Source:
Labour Law in an Era of Globalization
Author(s):

Dennis M. Davis

Patrick Macklem

Guy Mundlak

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199271818.003.0027

This chapter considers constitutionalism and rights discourse as emancipatory and egalitarian political strategies. Drawing from the diverse experiences of South Africa, Israel, and Canada, this chapter examines the arguments for and against social rights, testing them concretely by tracking the development of a right to health-care in the three legal regimes. The chapter pleads for the continuing relevance of rights discourse and the promise of transformative constitutionalism despite (indeed perhaps because of) the apparent incapacitation of the nation-state in an era of global economic and political integration.

Keywords:   political integration, emancipation, social rights, transformative constitutionalism, South Africa, Israel, Canada

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