The Constitution of Social Democracy

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

PART IJUDICIAL PROTECTION OF RIGHTS IN THE SOCIAL DEMOCRATIC CONSTITUTION1. Reflections on Judicial Power and Human Rights Patrick Elias2. Courting Trouble. The Role of the Courts in Contemporary Democracy Conor Gearty3. Conflicts of Rights and Constitutional Balance James Grant4. The Human Rights Act and Labour Law at 20 Virginia Mantouvalou PART IIPARLIAMENT IN THE SOCIAL DEMOCRATIC CONSTITUTION5. Parliamentary Sovereignty and Constitutional Futures Michael Gordon6. Parliament, Sovereignty and the Paradox of the Political Constitution Chris McCorkindale7. Enhancing Parliamentary Democracy: The European Court of Human Rights' Scrutiny of National Parliaments' Exercise of Disciplinary and Internal Order Powers Alastair Mowbray8. Employment Status in the Social Democratic Constitution: Law and Politics Alan Bogg PART IIIDEMOCRACY IN THE SOCIAL DEMOCRATIC CONSTITUTION9. The Law of Electoral Democracy: Theory and PurposeGraeme Orr10. Political Finance and the Constitution of Social Democracy Jacob Rowbottom11. The Abolition of Class Government Timothy K Kuhner PART IVSOCIAL JUSTICE IN THE SOCIAL DEMOCRATIC CONSTITUTION12. The Liberal Socialist Tradition in UK Labour Law Ruth Dukes13. Protecting Vulnerable Workers, Fairness and State Intervention Marilyn J Pittard14. There is Power in a Union? Revisiting Trade Union Functions in 2019 Michael Ford QC and Tonia Novitz15. The Irrepressible Common Law: The Economic Torts and the Right to Strike Douglas Brodie16. Corporatism and its Discontents: Pluralism, Anti-Pluralism and Anglo-American Industrial Relations, c. 1930-1970 Ben Jackson17. What is the UK's True Constitution? Ewan McGaughey PART VFRONTIERS OF THE SOCIAL DEMOCRATIC CONSTITUTION18. Constituting Social Democracy and the Challenge of National Isolation Mark Freedland19. The Narrowing Constitution: European Constitutionalisms, the Social Market Economy, and the Principle of Accommodation Nicola Countouris20. Equality and Community for Migrant Workers Joo-Cheong Tham21. Democratic Socialism, Citizenship and Migration: The Progressive's Dilemma? Judy Fudge22. State Surveillance and Social Democracy: Lessons after the Investigatory Powers Act 2016 Cian C Murphy23. Just Transitions for Workers: When Climate Change Met Labour Justice Navraj Singh Ghaleigh PART VIAFTERWORD24. Interview of Professor Keith Ewing by Lord Hendy QC on 13 September 2018