The Constitutionalization of Labour Rights: What Bliss in this Dawn to Be Alive

14 Pages Posted: 5 Jul 2010

See all articles by Harry W. Arthurs

Harry W. Arthurs

York University - Osgoode Hall Law School

Date Written: June 5, 2010

Abstract

In these remarks to an audience of union-side labour lawyers, I caution against excessive optimism concerning the potential of rights-based constitutional litigation to improve the lot of workers. Despite recent pro-labour Charter decisions of the Supreme Court of Canada, litigation will not fundamentally alter the underlying conditions which have disempowered workers and unions. This is not to say that the constitution is irrelevant, but rather that its most significant features are economic and political, rather than juridical.

Keywords: Union, Labour Law, Constitutional Right, Litigation

JEL Classification: K31

Suggested Citation

Arthurs, Harry W., The Constitutionalization of Labour Rights: What Bliss in this Dawn to Be Alive (June 5, 2010). Available at SSRN: https://ssrn.com/abstract=1634902 or http://dx.doi.org/10.2139/ssrn.1634902

Harry W. Arthurs (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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