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Strike Ballots, Democracy, and Law

Strike Ballots, Democracy, and Law
Author: Breen Creighton
Publisher: Oxford University Press, USA
Total Pages: 321
Release: 2020-11-05
Genre: Right to strike
ISBN: 0198869894

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This book critically evaluates mandatory strike ballots as a means of protecting the 'democratic' rights of workers. Exploring empirical case studies from Australia and comparative analysis from a range of other countries, this book concludes that often the goal is to curtail strikes rather than support the democratic imperative for workers.


Strike Ballots, Democracy, and Law

Strike Ballots, Democracy, and Law
Author: Breen Creighton
Publisher: Oxford University Press
Total Pages: 321
Release: 2020-11-05
Genre: Law
ISBN: 0192642642

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International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.


Mandatory Secret Ballots Before Employee Industrial Action

Mandatory Secret Ballots Before Employee Industrial Action
Author: Graeme D. Orr
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

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In late 2005, the conservative Federal Government mandated that any 'protected' industrial action must be approved by a prior secret ballot. This article examines the heritage and specifics of this legal regime, and the emerging case law on it. Competing rationales for the law are considered, particularly individualist notions of democracy and the repression of strike action. These rationales are considered in the light of the law's interference with freedom of association. Unlike previous efforts to mandate voting procedures in union affairs, this regime was not introduced at a time of industrial unrest or economic downturn, but at a time of record low industrial action. Its chief practical effect is to give employers additional notice of likely industrial action, and to enhance enforcement of a one-sided, quasi good-faith bargaining regime on unions. Outside that, its purpose is largely symbolic. It reflects a view that industrial action should at best be tolerated as a last-resort in a bargaining impasse, a view that has achieved bi-partisan status with Labor's endorsement of the regime.


Union Strike Votes

Union Strike Votes
Author: Princeton University. Industrial Relations Section
Publisher:
Total Pages: 152
Release: 1956
Genre: Strike votes
ISBN:

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The Democratic Aspects of Trade Union Recognition

The Democratic Aspects of Trade Union Recognition
Author: Alan Bogg
Publisher:
Total Pages: 303
Release: 2009
Genre: Labor unions
ISBN: 9781472564887

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The long ascendancy of pluralism and 'collective laissez-faire' as a guiding ideology of British labour law was emphatically shattered by the New Right ideology of Thatcher and Major. When New Labour was finally returned to power in 1997, it did not, however, attempt to resurrect the pre-Thatcher preference for pluralist non-intervention in collective industrial relations. Instead, it purported to follow a 'Third Way'. A centrepiece of this new approach was the statutory recognition provision, introduced in Schedule A1 TULRCA 1992. By breaking with the tradition of voluntarism in respect of re.


Against Democracy

Against Democracy
Author: Jason Brennan
Publisher: Princeton University Press
Total Pages: 309
Release: 2017-09-26
Genre: Philosophy
ISBN: 1400888395

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A bracingly provocative challenge to one of our most cherished ideas and institutions Most people believe democracy is a uniquely just form of government. They believe people have the right to an equal share of political power. And they believe that political participation is good for us—it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. But Jason Brennan says they are all wrong. In this trenchant book, Brennan argues that democracy should be judged by its results—and the results are not good enough. Just as defendants have a right to a fair trial, citizens have a right to competent government. But democracy is the rule of the ignorant and the irrational, and it all too often falls short. Furthermore, no one has a fundamental right to any share of political power, and exercising political power does most of us little good. On the contrary, a wide range of social science research shows that political participation and democratic deliberation actually tend to make people worse—more irrational, biased, and mean. Given this grim picture, Brennan argues that a new system of government—epistocracy, the rule of the knowledgeable—may be better than democracy, and that it's time to experiment and find out. A challenging critique of democracy and the first sustained defense of the rule of the knowledgeable, Against Democracy is essential reading for scholars and students of politics across the disciplines. Featuring a new preface that situates the book within the current political climate and discusses other alternatives beyond epistocracy, Against Democracy is a challenging critique of democracy and the first sustained defense of the rule of the knowledgeable.


Crises of Democracy

Crises of Democracy
Author: Adam Przeworski
Publisher: Cambridge University Press
Total Pages: 255
Release: 2019-09-26
Genre: Political Science
ISBN: 1108498809

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Examines the economic, social, cultural, as well as purely political threats to democracy in the light of current knowledge.


How Democracies Die

How Democracies Die
Author: Steven Levitsky
Publisher: Crown
Total Pages: 321
Release: 2019-01-08
Genre: Political Science
ISBN: 1524762946

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NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN


Give Us the Ballot

Give Us the Ballot
Author: Ari Berman
Publisher: Farrar, Straus and Giroux
Total Pages: 384
Release: 2015-08-04
Genre: History
ISBN: 0374711496

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A National Book Critics Circle Award Finalist, Nonfiction A New York Times Notable Book of 2015 A Washington Post Notable Nonfiction Book of 2015 A Boston Globe Best Book of 2015 A Kirkus Reviews Best Nonfiction Book of 2015 An NPR Best Book of 2015 Countless books have been written about the civil rights movement, but far less attention has been paid to what happened after the dramatic passage of the Voting Rights Act (VRA) in 1965 and the turbulent forces it unleashed. Give Us the Ballot tells this story for the first time. In this groundbreaking narrative history, Ari Berman charts both the transformation of American democracy under the VRA and the counterrevolution that has sought to limit voting rights, from 1965 to the present day. The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional. Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time.