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Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
Nigeria at 100 is an attempt to document in modest and constructive language Nigeria's journey as a modern nation in the past 100 years, highlighting the landmark events during this period. the book is divided into four parts with a total of 22 chapters. The first part, with seven chapters deals with the historical background starting with the early history and covering the pre-colonial years, independence and the challenges of nationhood, military intervention in politics and governance, the civil war, the return to democracy and the continuing challenges of development. Part 2, which examines the major impediments to nation building, has a total of five chapters covering such important subjects as the leadership problem, the negative problem of ethnicity, the perennial and the disturbing problem of corruption. Part 3 makes a case for healing our national wounds through national reconciliation, transformation and patriotism. This part of the book also makes a case for a united, viable and stable Nigerian nation. Part 4 attempts to answer the question as to which direction Nigeria should be heading as a nation after the centenary celebrations. Since the emphasis in our general theme is change to a better society by way of transformation and reformation, especially in the critical areas identified in this book, this section starts with the role of the family as the unit that lays the foundation and sets the values that influence the character, judgement and behaviour of our young people who will subsequently become important citizens and members of the leadership elite.
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.
Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux
Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.
The autocratic regime of Sani Abacha (1993-1998) stands out as a watershed in the history of independent Nigeria. Nigeria's darkest years since the civil war resulted from his unrestrained personal rule; very close to the features associated with warlordism. Nepotism, corruption, violation of human rights, procrastination over the implementation of a democratic transition, and the exploitation of ethnic, cultural or religious identities, also resulted in the accumulation of harshly repressed frustrations. In this book, some distinguished scholars, journalists and civil society activists examine this process of democratic recession, and its institutional, sociological, federal and international ramifications. Most of the contributions were originally presented at a seminar organized by the Centre d'Etude d'Afrique Noire (CEAN) in Bordeaux.
This edited collection is the product of a National Research Working Group (NRWG) established by Said Adejumobi and supported by the Open Society Initiative for West Africa (OSIWA). It analyzes the progress made in Nigeria since the return to democratic rule in 1999 and the prospects of democratic consolidation in the country.