Putting the charter to work : designing a constitutional labour code

Resource Information

The work Putting the charter to work : designing a constitutional labour code represents a distinct intellectual or artistic creation found in University of Missouri Libraries. This resource is a combination of several types including: Work, Language Material, Books.

Label

Putting the charter to work : designing a constitutional labour code

Title remainder

designing a constitutional labour code

Statement of responsibility

David M. Beatty

Creator

• Beatty, David M

Subject

• Canada
• Civil rights
• Civil rights -- Canada
• Electronic books
• Electronic bookss
• Judicial review
• Judicial review -- Canada
• Arbeitsrecht
• Kanada
• LAW -- Administrative Law & Regulatory Practice
• LAW -- Labor & Employment
• Labor laws and legislation
• Labor laws and legislation -- Canada
• Kanada

Language

eng

Summary

Annotation

Cataloging source

SFB

Dewey number

• 344.71/01
• 347.1041

Index

index present

LC call number

KE3109

LC item number

.B438 1987eb

Literary form

non fiction

Nature of contents

• dictionaries
• bibliography

Summary expansion

Rather than considering the relationship between the three branches of government in the abstract, Beatty focuses on legal practice as it functions in labour law, and shows how the Charter could be used both to reform labour law and to protect against attempts to reverse gains made in labour legislation in the past. Beatty's critical analysis rests on two principles: that the Charter provides equal liberty for all workers to participate in determining the conditions that govern their working life, and that fundamental rights should be limited only by laws employing the least repressibe alternative. These principles are applied to the constitutional validity of rules that prohibit discrimination: those requiring payment of minimum wages, excluding groups from collective bargaining laws, mandating retirment at a specific age, and requiring membership in trade unions. Beatty argues that the current model of collective bargaining cannot be constitutionally sustained and that voluntary and/or plural representation of employee interests is more compatible with the Charter. The final part of the book makes clear just how dramatic achievements in social justice can be. Beatty shows that the process of judicial review can be instrumental in extending meaningful institutions of industrial democracy through all sectors of our economy and argues that interest group advocacy can be an effective means by which the least advantaged in our community can have more influence in determining the law which governs their working lives