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The Constitution of Social Democracy: Essays in Honour of Keith Ewing

The Constitution of Social Democracy: Essays in Honour of Keith Ewing

Author: Alan Bogg; Jacob Rowbottom; Alison L. Young
Publisher: Hart Publishing
ISBN: 9781509945375

Published In: July 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509916573

List Price: S$124.78

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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.

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