Elements of Legislation

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Absent this entitlement, what can courts do with those laws? This course has students consider these questions by examining the law-making functions of legislatures and courts, idea of legislative intent, the concepts of legislative supremacy and judicial review, the concept of ex post facto law and the core principles of statutory construction. Undergraduate subjects Graduate subjects Research subjects.

What is the Rule of Law?

Breadth search Breadth tracks. About this subject Overview Eligibility and requirements Assessment Dates and times Further information Single page view for printing.


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Intended learning outcomes A student who has successfully completed this subject will: Have a sound understanding of the concept of legislation. Be able to explain key debates and problems concerning legislative supremacy, legislative intent, constitutional adjudication, and retrospective law making. Labour law as it is known today is essentially the child of successive industrial revolutions from the 18th century onward. It became necessary when customary restraints and the intimacy of employment relationships in small communities ceased to provide adequate protection against the abuses incidental to new forms of mining and manufacture on a rapidly increasing scale at precisely the time when the 18th-century Enlightenment , the French Revolution , and the political forces that they set in motion were creating the elements of the modern social conscience.

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It developed rather slowly, chiefly in the more industrialized countries of western Europe, during the 19th century and attained its present importance, relative maturity, and worldwide acceptance only during the 20th century. The more-industrialized states of the United States began to enact such legislation toward the end of the 19th century, but the bulk of the present labour legislation of the United States was not adopted until after the Great Depression of the s.

There was virtually no labour legislation in Russia prior to the October Revolution of In India children between the ages of 7 and 12 were limited to nine hours of work per day in and adult males in textile mills to 10 hours per day in , but the first major advance was the amendment of the Factory Act in to give effect to conventions adopted at the first session of the International Labour Conference at Washington, D. In Japan rudimentary regulations on work in mines were introduced in , but a proposed factory act was controversial for 30 years before it was adopted in , and the decisive step was the revision of this act in to give effect to the Washington Convention on hours of work in industry.

Labour legislation in Latin America began in Argentina in the early years of the century and received a powerful impetus from the Mexican Revolution , which ended in , but, as in North America , the trend became general only with the impact of the Great Depression. In Africa the progress of labour legislation became significant only from the s onward.

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The legal recognition of the right of association for trade union purposes has a distinctive history. There is no other aspect of labour law in which successive phases of progress and regression have been more decisively influenced by political changes and considerations.

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The legal prohibition of such association was repealed in the United Kingdom in and in France in ; there have been many subsequent changes in the law and may well be further changes, but these have related to matters of detail rather than to fundamental principles.

In the United States freedom of association for trade union purposes remained precarious and subject to the unpredictable scope of the labour injunction, by means of which the courts helped restrain trade union activity until the s.

The breakthrough for trade unionism and collective bargaining was achieved by the National Labor Relations Act the Wagner Act of In many other countries the record of progress and regression with respect to freedom of association falls into clearly distinguished periods separated by decisive political changes. This has certainly been the case with Germany, Italy, Spain, Japan, and much of eastern Europe; there have been many illustrations of it, and there may well be more in the developing world.

Historical development of labour law

Labour codes or other forms of comprehensive labour legislation and ministries of labour were not introduced until the 20th century. The first labour code which, like many of its successors, was a consolidation rather than a codification was projected in France in and promulgated in stages from to Among the more advanced formulations affecting the general condition of labour were the Mexican Constitution of and the Weimar Constitution of Germany of , both of which gave constitutional status to certain general principles of social policy regarding economic rights.

Provisions of this kind have become increasingly common and are now widespread in all parts of the world. Departments or ministries of labour responsible for the effective administration of labour legislation and for promoting its future development were established in Canada in , in France in , in the United States in , in the United Kingdom in , and in Germany in They became general in Europe and were established in India and Japan during the following years and became common in Latin America in the s.

Under differing political circumstances there continue, of course, to be wide variations in the authority and effectiveness of such administrative machinery. Labour law.

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