Law and Regulatory Style in Australian Corporate Governance and Employment Systems
Law, Corporate Governance and Partnerships at Work: A Study of Australian Regulatory Style and Business Practice, Chapter 2, 2011
35 Pages Posted: 6 Jan 2018
Date Written: April 30, 2011
The ‘legal origins’ literature is comprised of an empirical body of scholarship that examines the relationship between the law and the prevailing type of economic organisation in countries, including national structures of corporate ownership and control. At present there is a less developed body of work on the role of law in shaping and securing particular patterns of employment relations and work systems, although labour law scholars have recently begun to explore how law as a social system may produce national differences in labour management styles. Moreover there has also been some attempt to examine how certain forms of corporate law might broadly align with certain approaches to labour regulation, creating legal and institutional complementarities between the two. The discussion in this chapter presents an overview of the historical development of corporate law and labour law regulation since the British colonisation of Australia. The account in the chapter of the development over time of the regulatory framework is designed to allow the authors to draw a meaningful characterisation of the Australian regulatory style, and, hence, to place it within this emerging international scholarship.
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