A History of British Labour Law: 1867-1945Bloomsbury Publishing, 17. sep. 2003 - 266 strani In the UK the received wisdom has tended to be that,historically, British labour law was abstentionist or non-interventionist, best epitomised by the words of Lord Wedderburn who has written that '...collective bargaining has developed in a system which depends very little on the law, which is covered by very few decisions of the judges, and which is controlled by statute very little, if at all.'. It is not until we reach the Industrial Relations Act 1971 that we discover the first attempt in peacetime to move to a legally regulated system. However, the accuracy of this non-interventionist depiction appears to very much depend on the period which is examined, which is why an historical perspective is needed in order to understand the significance of the current shape and scope of British labour law. The aim of this work is to re-examine the received interpretation by looking at both the role given to law, and that anticipated and argued for it, during the most formative period of its development, the period between 1867 and 1945. The book also revisits the debate about war-time legislation which has tended to be viewed as standing apart from mainstream labour law but which the author demonstrates to have important linkages to the past and present. |
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Zadetki 1–5 od 31
Stran 2
... awarded for a longer period than the law allows . Hard labour has been made part of the sentence where the terms of impris- onment , in default of the fine , has been fixed by the court ; whereas by the 11th section it is specially ...
... awarded for a longer period than the law allows . Hard labour has been made part of the sentence where the terms of impris- onment , in default of the fine , has been fixed by the court ; whereas by the 11th section it is specially ...
Stran 8
... awards , etc. Prior to 1871 the legal status of trade unions would have prevented any legal enforcement of collective ... award made was to be legally enforceable . 24 Parl . Deb . , HC , 14.2.1871 , vol 204 , Col 269 . 25 Royal ...
... awards , etc. Prior to 1871 the legal status of trade unions would have prevented any legal enforcement of collective ... award made was to be legally enforceable . 24 Parl . Deb . , HC , 14.2.1871 , vol 204 , Col 269 . 25 Royal ...
Stran 18
... Awards were enforceable by a range of sanctions which included imprisonment . However , no use appears to have been made of the Act . The role for imprisonment is unlikely to have helped given the operation of legislation such as the ...
... Awards were enforceable by a range of sanctions which included imprisonment . However , no use appears to have been made of the Act . The role for imprisonment is unlikely to have helped given the operation of legislation such as the ...
Stran 20
... awarded could be realized.54 The Commissioners were divided as to whether section 14 , which pro- vided for imprisonment for an aggravated breach , should be retained . 53 Royal Commission , above n 4 at p 27 . 54 Ibid at Р 10 ...
... awarded could be realized.54 The Commissioners were divided as to whether section 14 , which pro- vided for imprisonment for an aggravated breach , should be retained . 53 Royal Commission , above n 4 at p 27 . 54 Ibid at Р 10 ...
Stran 45
... awards.69 The ideological basis , on the other hand , was rooted in an aversion to State intervention ( this aversion not being confined to the sphere of industrial relations ) . Whilst Dicey believed that this period bore wit- ness to ...
... awards.69 The ideological basis , on the other hand , was rooted in an aversion to State intervention ( this aversion not being confined to the sphere of industrial relations ) . Whilst Dicey believed that this period bore wit- ness to ...
Vsebina
1 | |
27 | |
3 19001914 | 63 |
4 Responding to Taff Vale | 87 |
5 The Impact of War 191418 | 119 |
6 The Aftermath of War 191821 | 149 |
7 Labour Law Between the Wars | 183 |
8 The Impact of the Second World War | 223 |
9 Concluding Remarks | 249 |
Index | 257 |
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Amendment appears award Bevin Bill Board of Trade clause collective agreements collective bargaining collectively agreed Committee common law common rule compulsory arbitration concerned conciliation conditions of employment conspiracy contract Court criminal decision dilution employed employers enactment establishment existed extent Fair Wages Resolution favour Government House of Lords Ibid immunity industrial action Industrial Councils industrial relations intervention involved issue JICs joint regulation labour law labour movement laissez-faire leaving certificates legal regulation legally enforceable legislation liability London Lord machinery matters ment Minister Ministry of Labour Ministry of Munitions Minority Report Moreover Munitions nationalisation OHMM organisation Parl Parliament parties period person picketing proposals question railway rate of wages recommendation restrict role Royal Commission scheme settlement sides of industry sought statutory Taff Vale terms and conditions tion trade boards trade dispute trade union trade unionists wartime Whilst Whitley workers workmen