Use this URL to cite or link to this record in EThOS:
Title: Labour and constitutionalism-from-below : on the effective potential of legal strategy
Author: Meakin, Jack
ISNI:       0000 0004 9349 6964
Awarding Body: University of Glasgow
Current Institution: University of Glasgow
Date of Award: 2020
Availability of Full Text:
Access from EThOS:
Access from Institution:
This thesis engages in a critical socio-legal analysis that evaluates the potential effectiveness of legal mobilisation as a tool of social struggle with a view to conceptualising the labour movement’s capacity for political participation through meaningful engagements with law. The domination of financial markets on political systems, the diminishment of labour law protections and the proliferation of undignified working practices ask difficult questions of a constitutional theory that insists on the continued importance of national legal systems, and the potential opportunity that remains in law’s resources to transform the present conditions of work and the social relation between capital and law. This thesis takes a strategic approach to constitutional theory and argues that national legal systems remain a key site of struggle for labour. Rather than cede the regulatory space of the State to market-interests, labour must engage in litigation, legislation and political actions that confront the inadequacy of existing work standards and insists on the constitutional protection of dignity, solidarity and the right to work. In order to locate the tools of such strategic engagements, we will turn to a method of constitutional analysis ‘from-below’ that is committed to uncovering the agency of social movements in constitutional practices. This will provide the space for a critical analysis of the following tenets of effective legal engagement: The articulation of recognisable legal claims, law’s institutional capacity and, the productive interaction between legal mobilisation and political objectives. This thesis presents a pragmatic conception of the potential effectiveness of labour’s engagements with law, as a means to reconstruct the link between political subjects and constitutional structures and provide important mechanisms for labour to confront its present condition.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
Keywords: H Social Sciences (General) ; K Law (General)