Adjudicating Employment Rights: A Cross-National Approach - download pdf or read online

By Susan Corby, Pete Burgess (auth.)

ISBN-10: 1137269200

ISBN-13: 9781137269201

ISBN-10: 1349443832

ISBN-13: 9781349443833

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One such link might be the lesser role of lawyers in civil law systems and a consequently greater role in adjudication for representative organisations, colleagues and even relatives. In Germany, for example, lawyers were excluded from labour courts for many years. For Germany, Sweden and France, the presence of NLMs in labour courts might also indicate that political power factors play a significant role, an explanation also noted by Botero et al. (2004). Roe (2000), for example, argued that civil law systems are essentially a proxy for ‘social democracy’ – that is ‘nations committed to private property but whose governments play a large role in the economy .

This decision is reinforced through institutionalisation, possibly gaining support through social acceptance. 42 Adjudicating Employment Rights Case 3. Once institutionalised, earlier decisions structure the scope for alternatives. For the LOH, path dependency seems to imply that a set of contingent events in the early modern period (possibly earlier) led to the establishment of legal families that conditioned subsequent institutional, and on some accounts societal, development. The weakness of path dependency explanation for an LOH account is that it needs to account for the successful self-reinforcing reproduction of this initial influence, but does not itself offer such a mechanism, nor does it enable the anomalies to be tackled, except possibly through invoking additional contingent factors.

7 NLMs and the industrial relations system Yes Ireland∗ Yes GB∗ ‘Anglo-Saxon’ pluralism No USA No NZ No SA Not classified 37 38 Adjudicating Employment Rights As we briefly noted above, the main anomalies are as follows: • Great Britain: a liberal market economy, with a common law system, and assigned to an Anglo-Saxon pluralist IR model – but with tripartite labour courts. • France: a hybrid in terms of VoC, and a civil law system, assigned to a ‘Latin polarised’ IR model: the anomaly is the existence of bi-partite first-instance labour courts, with appeals to civil courts with no NLM involvement.

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Adjudicating Employment Rights: A Cross-National Approach by Susan Corby, Pete Burgess (auth.)

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