Judicial Development of Collective Labour Rights - Contextually

Canadian Labour & Employment Law Journal, 2010

11 Pages Posted: 8 Feb 2010 Last revised: 15 Apr 2015

Guy Davidov

Hebrew University of Jerusalem - Faculty of Law

Date Written: February 8, 2010

Abstract

This paper is part of a symposium on whether there is (and should be) a constitutional right to strike in Canada. It is argued that recent decisions of the Supreme Court of Canada, in which collective labour rights have been developed judicially, are justified because they are based on a contextual interpretation of the constitution, which takes into account changing realities of the labour market, that necessitate stronger protection to employee and union interests. Examples from Israel are used to support the argument.

Suggested Citation

Davidov, Guy, Judicial Development of Collective Labour Rights - Contextually (February 8, 2010). Canadian Labour & Employment Law Journal, 2010. Available at SSRN: https://ssrn.com/abstract=1549704

Guy Davidov (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mt. Scopus
Jerusalem, 91905
Israel

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