Balancing conflicting interests with Special reference to Sociological Jurisprudence (original) (raw)
Related papers
American balancing and German proportionality: The historical origins'(2010)
International Journal of Constitutional Law
American and European constitutional systems have two similar doctrines: balancing and proportionality. Both resemble each other in important aspects and are often discussed in tandem. However, balancing has never attained the status of an established doctrine in American constitutional law in the same way that proportionality has in European constitutional law. Moreover, balancing has always been the subject of fierce criticism and is very much a controversial concept in American constitutional law. European proponents of proportionality are perplexed by this American resistance which is sometimes viewed as based on American isolationalism and unilateralism. In this article we suggest an original, and often overlooked, explanation to the difference between balancing and proportionality -the historical origins of the two concepts.
Since the adoption of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948, freedom of association has been universally and customarily acknowledged as a fundamental right under international law. The concept of freedom of association in labor relations means that workers can form, join, or belong to a trade union and engage in collective bargaining. Members thus enjoy the right to associate for union purposes and the right to participate in all union activities. With regards to the right of workers to freely associate, several international Conventions, Covenants, Protocols and regional Charters have been adopted by States for the recognition and protection of workers’ and employers’ right of freedom of association. Factually, the relevant international Conventions on the freedom of association have greatly impacted on the national labor and industrial relations laws and policies of States as the Conventions have bench-marked right of freedom of association of workers and employers as the minimum standard among other best international practices in the regulation of labor in the world. However, in spite of massive ratification of these international instruments codifying the international labor standards on freedom of association by sovereign States, their implementation or application remains mostly unimpressive considering the practices of some States. This Seminar Paper examines freedom of association as one of the core international labor standards; the practices of States in relation to the implementation or observance of the principles of freedom of association and; the impact of international Conventions in respect of freedom of association. The study makes use of secondary information as a means of gathering data while discourse content analysis was used to develop explanation on the subject matter. The study reveals that the right to freedom of association is a human right which is universally recognized, but often challenged and as such stiff sanctions should be meted out to erring States who violate or acquiesced to the violation of this core international labour standard.
Law as a Means to an End Threat to the Rule of Law - Brian Tamanaha
The contemporary U.S. legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agendas. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of lawthe idea that law is purely a means to an end -in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
Discourse Analysis_construction_of_identity.pdf
Report funded by the National Christian Evangelical Alliance of Sri Lanka and USAID on the construction of national identity in online discourse in the post-2015 era in the context of Transitional Justice.
'From Third World to First': A Case Study of Labor Laws in a Changing Singapore
Labor Law Journal, 2019
The aim of this article is to examine the shift in the policy underpinnings of labor law in Singapore, and how the Singapore legislature appears to have recalibrated the emphasis placed on the competing goals of labor law, to now develop local policies more tilted towards social justice. A former British colony, Singapore has developed its own sui generis jurisprudence, influenced by unique political, social and economic traits that have evolved diachronically as it has struggled to achieve independence and then emerge as a 'First World Economy' - which makes it an interesting contribution to existing literature on the 'purpose' of labor law. A collective laissez-faire approach in the 1950s was followed by a sharp turn towards pro-employer efficiency and flexibility in the labor market over job security from the 1960s to the 1980s, at which point an influx of foreign workers marked a transition in the labor force constitution. In contrast, since then, the 21st century has witnessed genuine institutional efforts to 'counteract the inequality of bargaining power' inherent in the employment relationship. The 2018 amendments proposed to the Employment Act indicate more focus towards 'worker protection'.
In January 2013, the Romanian Law on Religious Freedom and the General Status of Religious Denominations reached five years of implementation-the right time to assess the quality of the law, its fairness and enforceability, the way it responded to foreseeable challenges but, most importantly, to unexpected ones. Though, at the time of its adoption, law-makers, practitioners and religious denominations alike considered the law a working compromise doomed to be amended soon, no amendments were made so far. In spite of criticisms concerning the over-restrictive three tier system of registration for religious entities, voiced during the adoption process and subsequently,