The Labour Constitution The Enduring Idea of Labour Law

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.

1 - Introduction
2 - Hugo Sinzheimer and the Economic Constitution
3 - The Labour Constitution in the Nation State: Germany and the Institutionalization of Codetermination
4 - A Labour Constitution Without the State? Otto Kahn-Freund and Collective Laissez-Faire
5 - From Collective Laissez-Faire to the Law of the Labour Market
6 - Labour Constitution of the European Union: The Social Dialogue
7 - A Plurality of Labour Constitutions?
8 - Labour Law or the Law of the Labour Market?

Ruth Dukes is a Professor of Labour Law at the University of Glasgow. She holds degrees from the University of Edinburgh (LLB), the Humboldt University in Berlin (LLM with distinction), and the London School of Economics (PhD). In 2010, she was awarded the Modern Law Review's Wedderburn Prize for her article 'Otto Kahn-Freund and Collective Laissez-Faire: an Edifice without a Keystone?'. In 2011-12 she was an Early Career Fellow of the AHRC and a MacCormick Fellow at the University of Edinburgh. She is a member of the Executive Committee of the Institute of Employment Rights.