Constitutional Right to Membership in a Labor Union: Constitutional Law. Labor Law. Railway Labor Act. Unions

The article reveals the content of the constitutional right to a healthy environment. Analysis of economic and international legal factors in the formation of the modern institution of the right to a healthy environment in the Constitution of the Russian Federation is supplemented with the characteristic of process of formation of this law in Soviet constitutional law. Characterized by a legal mechanism of realization of the right to a healthy environment in the modern legislation of the Russian Federation.

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Labor Law and the Capabilities Approach

The Capability Approach to Labour Law ◽

10.1093/oso/9780198836087.003.0004 ◽

2019 ◽

pp. 62-81

Author(s):

Martha C. Nussbaum

Keyword(s):

Informal Economy ◽

Political Liberalism ◽

Labor Law ◽

Well Being ◽

Capabilities Approach ◽

The Political ◽

Respect For Persons ◽

Pluralistic Society ◽

Equal Respect ◽

Constitutional Right

Labor law scholars often discuss the “Capability Approach” as if it were a single thing with clearly defined content. However, it is best seen as a family of approaches. This paper first clarifies what the different versions of the approach have in common: a commitment to replacing measurement of well-being by gross domestic product (GDP) per capita by a focus on a group of substantial freedoms or opportunities for choice. It then goes on to clarify some deep differences between Amartya Sen’s version of the approach and that used by Nussbaum. Nussbaum’s version is intended to supply a basis for political principles in a pluralistic society, and thus, eschews on grounds of equal respect for persons any commitment to a comprehensive doctrine of freedom or autonomy, given that in a pluralistic society citizens, religious and secular, differ about these values. It also avoids, in consequence, a commitment to maximizing freedom. Even though Sen distinguishes maximizing from optimizing and allows for plural conceptions of the good, he goes further than Nussbaum in prioritizing autonomy and reason-based conceptions. And because he does not endorse a list his maximizing exercise seems fully general; by contrast, Nussbaum’s the political goal is understood to be to secure to all citizens, by constitutional right, an ample threshold amount of (only) ten central opportunities or capabilities as a partial conception. She defends this approach, in terms of Rawlsian “political liberalism,” as more consonant with equal respect for persons. In further clarifying these ideas, the paper also discusses the role of feminist economics in developing the approach, and recommends a focus on the informal economy and the political assignment of financial value to women’s unpaid domestic work.

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Religious Freedom and the Churches: Contemporary Challenges in the United States Today1

Studies in Christian Ethics ◽

10.1177/0953946819896077 ◽

2019 ◽

Vol 33 (2) ◽

pp. 194-204

Author(s):

Richard W. Garnett

Keyword(s):

United States ◽

Sexual Abuse ◽

Civil Society ◽

Constitutional Law ◽

Religious Freedom ◽

The United States ◽

Religious Institutions ◽

General Decline ◽

The Supreme Court ◽

Constitutional Right

A crucial, but often overlooked, dimension of the human and constitutional right to religious freedom is the autonomy of religious institutions, associations and societies with respect to matters of governance, doctrine, formation and membership. Although the Supreme Court of the United States has affirmed this autonomy in the context of American constitutional law, it is vulnerable, and even under threat, for a variety of reasons, including a general decline in the health of civil society and mediating associations and a crisis of confidence and authority caused by clerical sexual abuse and churches’ failure to respond to it.

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Incommensurability, Proportionality, and Rational Legal Decision-Making

Law & Ethics of Human Rights ◽

10.2202/1938-2545.1048 ◽

2010 ◽

Vol 4 (2) ◽

pp. 178-228 ◽

Cited By ~ 3

Author(s):

Paul-Erik N Veel

Keyword(s):

Decision Making ◽

Constitutional Law ◽

Nash Bargaining Solution ◽

Nash Bargaining ◽

Bargaining Solution ◽

Competing Values ◽

Legal Decision ◽

Legal Decision Making ◽

Constitutional Right ◽

Theoretical Question

Courts frequently engage in the weighing of competing values; perhaps most obviously, such balancing constitutes an integral aspect of proportionality analysis in many states constitutional law. However, such balancing raises a difficult theoretical question: What does it mean that one value outweighs another in any particular case? If the values at issue are incommensurable as they often will be such balancing may appear to break down. As Justice Scalia has stated, balancing in the presence of incommensurable values is more like judging whether a particular line is longer than a particular rock is heavy. It may appear that if a judge is asked in a particular case to decide, for example, whether a state interest is sufficiently strong to justify the limitation of a constitutional right, he will be forced to a) either abandon the notion of a genuine plurality of values, or b) make an arbitrary decision.This article argues that neither of these options need be accepted and that rational choice is indeed possible in the presence of incommensurable values. Specifically, it contends that the Nash bargaining solution provides a means, at least in certain circumstances, of rationally understanding and undertaking the weighing of distinct and mutually irreducible values which adjudication frequently requires. The Nash framework can both elucidate proportionality analysis by providing a social choice-based framework for understanding the structure of proportionality analysis and also justify proportionality analysis by demonstrating that the weighing of competing values is not necessarily mere judicial hand-waving.

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Selected Judgments of Constitutional Court of Slovak Republic Regarding the Preliminary Ruling Procedure

International and Comparative Law Review ◽

10.1515/iclr-2016-0060. ◽

2013 ◽

Vol 13 (1) ◽

pp. 87-96

Author(s):

Daniela Ježová

Keyword(s):

Constitutional Law ◽

Slovak Republic ◽

National Court ◽

Constitutional Court ◽

Preliminary Ruling ◽

National Courts ◽

Court Of Justice ◽

Constitutional Right

Abstract This article deals with the question of the obligation to refer a preliminary reference to the Court of Justice and when the national courts breach its obligation to refer. In case when the national court breach its obligation to refer the issue of violation of the constitutional right of individual arises. The article provides insight in terms of constitutional law on the fundamental right with connection to the violation of the obligation of national court to refer.

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