The Right to Strike and Contestatory Citizenship
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Description
Is the right to strike a fundamental right? If so, what are its philosophical foundations? This chapter argues that the right to strike is a fundamental right resting upon three basic liberties: freedom from forced labour, freedom of association, and freedom of expression. In so doing, it challenges and rejects two dominant strategies in arguing for a fundamental right to strike: (a) that the right is derivative of a single basic liberty; (b) that the right is derivative of a right to collective bargaining. The contours of these basic liberties are developed using the republican ideal of non-domination and contestatory citizenship. Having defended a republican account of the philosophical foundations of the right to strike, the chapter then uses that framework to explore how the basic regulatory questions of a ‘right to strike’ have been addressed in Canada, the UK, and the US.
Source Publication
Philosophical Foundations of Labour Law
Source Editors/Authors
Hugh Collins, Gillian Lester, Virginia Mantouvalou
Publication Date
2018
Recommended Citation
Estlund, Cynthia and Bogg, Alan, "The Right to Strike and Contestatory Citizenship" (2018). Faculty Chapters. 428.
https://gretchen.law.nyu.edu/fac-chapt/428
