‘Letting the right one in’: Provider contexts for recruitment to initial teacher education in the United Kingdom

The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a requirement that to be lawful strike action must first be approved by a ballot of workers concerned. Often, these requirements are said to be necessary to protect the democratic rights of the workers concerned: this is the so-called ‘democratic imperative’. In order to evaluate the true purpose and effect of ballot requirements the book draws upon the detailed empirical study of the operation of the Australian legislative provisions noted above; a comparative analysis of law and practice in a broad range of countries, with special reference to Canada, South Africa, the United Kingdom and the United States; and the jurisprudence of the supervisory bodies of the International Labour Organisation. It finds that in many instances ballot requirements – especially those relating to quorum – are more concerned with curtailing strike activity than with constructively responding to the democratic imperative. Frequently, they also proceed from a distorted perception of what ‘democracy’ could and should entail in an industrial context. Paradoxically, the study also finds that in some contexts ballot requirements can provide additional bargaining leverage for unions. Overall, however, the study confirms our hypothesis that the principal purpose of ballot requirements – especially in Australia and the United Kingdom – is to curtail strike activity rather than to vindicate the democratic imperative, other than on the basis of a highly attenuated reading of that term. We believe that the end-result constitutes an important study of the practical operation of a complex set of legal rules, and one which exposes the dichotomy between the ostensible and real objectives underpinning the adoption of those rules. It also furnishes a worked example of multi-methods empirical, comparative and doctrinal legal research in law, which we hope will inspire similar approaches to other areas of labour law.

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Centros Ltd—A Complete U-Turn in the Right of Establishment for Companies?

International and Comparative Law Quarterly ◽

10.1017/s0020589300064393 ◽

2000 ◽

Vol 49 (3) ◽

pp. 621-642 ◽

Cited By ~ 3

Author(s):

Anne Looijestijn-Clearie

Keyword(s):

United Kingdom ◽

Member State ◽

European Court Of Justice ◽

The United Kingdom ◽

Court Of Justice ◽

European Court ◽

Registered Office ◽

Set Up ◽

The Right ◽

A Company

InCentros Ltd and Erhvers-og Selskabsstyrelesen (hereinafter Centros),1 the European Court of Justice ruled that it is contrary to Article 52 (now Article 432) and Article 58 (now Article 48) of the EC Treaty for the authorities of a member State (in casu Denmark) to refuse to register a branch of a company formed under the law of another member State (in casu the United Kingdom) in which it has its registered office, even if the company concerned has never conducted any business in the latter State and intends to carry out its entire business in the State in which the branch is to be set up. By avoiding the need to form a company there it would thus evade the application of the rules governing the provision for and the paying-up of a minimum share capital in force in that State. According to the Court, this does not, however, prevent the authorities of the member State in which the branch is to be set up from adopting appropriate measures for preventing or penalising fraud, either with regard to the company itself, if need be in co-operation with the member State in which it was formed, or with regard to its members, where it has been determined that they are in fact attempting, by means of the formation of a company, to evade their obligations towards creditors established in the territory of the member State of the branch.

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The Right to Freedom of Thought in the United Kingdom

European Journal of Comparative Law and Governance ◽

10.1163/22134514-bja10009 ◽

2021 ◽

pp. 1-25

Author(s):

Frank Cranmer

Keyword(s):

United Kingdom ◽

Political Debate ◽

The United Kingdom ◽

Repeated Calls ◽

Highly Sensitive ◽

Domestic Legislation ◽

International Obligations ◽

Freedom Of Thought ◽

The Right

Abstract The United Kingdom is bound by international obligations to uphold ‘the right to freedom of thought, conscience and religion’ and domestic legislation reflects those obligations. The courts have held that to be protected, a belief must genuine, must not be a mere opinion, must attain a certain level of cogency, seriousness and importance and must be ‘worthy of respect in a democratic society’. How this plays out, however, in areas such as education, children’s rights and employment is highly sensitive to the specific facts of each case – which are often inconsistent, as the article explains. Much of the article examines the decisions of the courts in individual cases. It concludes with a discussion of the possible trajectory of domestic political debate at a time when there have been repeated calls for a ‘British Bill of Rights’ and the Westminster Government is questioning more generally the constitutional role of the judiciary.

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Default and Termination of Contract: A comparative Study between Indonesia and The United Kingdom

Yuridika ◽

10.20473/ydk.v35i3.17679 ◽

2020 ◽

Vol 35 (3) ◽

pp. 469

Author(s):

Akhmad Budi Cahyono

Keyword(s):

United Kingdom ◽

Comparative Study ◽

Comparative Studies ◽

Common Law ◽

Contract Law ◽

Legal Rules ◽

Contractual Relationship ◽

The United Kingdom ◽

Injured Party ◽

The Right

Default is something that often occurs in contractual relationship. It can be not perform its obligations in the contract in all or in a part, performing its obligations but not in accordance with was agreed, performing its obligations but not in time, and performing something that is prohibited in the contract. Due to default, the injured party may claim compensation and / or terminate the contract. The problem is, the Indonesian Civil Code does not specify how a contract can be terminated in case of default. Therefore, it is necessary to conduct a comparative study in other countries in terms of how a default can terminate the contract. The British which adopt common law tradition where jurisprudence is the main source of law is the right choice for conducting comparative studies. Countries with common law traditions have detailed legal rules based on jurisprudence. As in Indonesia, according to British contract law, defaults also can terminate the contract. However, unlike in Indonesia, according to British contract law, termination due to a default is only allowed in the event that the default is very serious. The very serious forms of default will be elaborated and become a part of the discussion in this paper.

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Constructing the Ideology of the Right-Wing Radical Party in Modern United Kingdom: The Case of the United Kingdom Independence Party

RUDN Journal of Political Science ◽

10.22363/2313-1438-2021-23-3-446-462 ◽

2021 ◽

Vol 23 (3) ◽

pp. 446-462

Author(s):

Mikhail S. Golovin

Keyword(s):

United Kingdom ◽

Initial Period ◽

British Society ◽

Right Wing ◽

The European Union ◽

Political Struggle ◽

Frequent Change ◽

Cultural Conditions ◽

The United Kingdom ◽

The Right

This article examines the update of ideological foundations of the largest right-wing radical party in Britain (and in the whole of Europe) - the United Kingdom Independence Party (UKIP). The subject of the research is the partys programmatic text, Manifesto for Brexit and Beyond, a document that is not limited to the discussion of Brexit alone. This document appeared at the end of 2019 and, despite the frequent change of leadership in the party during 2020, remained the ideological foundation of the organization after Brexit. The aim of the article is to analyze how the ideological base of the right-wing British radical party was formed in the socio-political realities of the initial period after the states exit from the European Union. The paper presents a discursive analysis of the main ideological document of one of UKIP, as well as identifies the ideological positions of British right-wing radicals at the present stage. Since the research is mainly practice-oriented, the main results are presented the data obtained through discourse analysis using to the method of R. Wodak. The data testify the changes that have been taking place in the discourse of the extreme right in Britain in recent years, as well as the prospects for its evolution in the coming years after Brexit. Studying UKIPs discourse, the author concludes that it forms depending on the political, social and cultural conditions that prevail in modern British society, as well as on the general European context. The article also shows how a modern right-wing radical party constructs its discourse using the most painful issues for the society within the framework of political struggle.

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