Constitutionalizing Labour Rights in Europe
By looking at a few recent cases decided by the Supreme Court of Canada (Health Services and Support-Facilities Subsector Bargaining Association v. British Columbia 2007), by the European Court of Justice (Viking 2007, Laval 2007, Ruffert(2008), and the European Court of Human Rights (Demir and Baykara v. Turkey 2008) this chapter explores what the idea of constitutional labour rights means. In doing so, it places this emerging process of constitutionalization in its broader political and economic context of economic globalization and political neo-liberalism. It uses the recent cases in Canada and Europe to illustrate how a comparative analysis helps us to understand and to identify some of the perils and promises associated with this process.
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