Labour Law and Transformative Constitutionalism

Download or read book Labour Law and Transformative Constitutionalism written by Julieta Lobato and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the potential of transformative constitutionalism for reshaping labour law in Latin America. While traditionally labour law scholarship has been skeptical of courts ́ ability to protect labour rights, recent years have witnessed a return to examining constitutions and the role of courts in the field. The article introduces the concept of “Transformative Labour Law in Latin America,” which seeks to reintroduce the struggles between labour and capital into a legal discourse that can address the challenges faced by labour regulation in the region. By employing a methodology that combines constitutional theory and socio-legal literature, the article highlights the productive interactions between social processes and legal provisions. The article is organized into five sections, beginning with an introduction that provides context for the study (I). Subsequent sections examine key features characterizing Latin American labour markets and identify challenges facing labour law (II), introduce transformative constitutionalism in Latin America as a conceptual framework for analyzing labour-capital relations through the law (III), and outline the key components of transformative labour law in the region (IV) before concluding with final remarks (V).