Intensive Course: Foundations of Freedom of Association in Labour Law

Note: The add/drop date for this course is Monday, January 4 at 10:00 PM.

Course Location: Please see the "Intensive Course Schedule" under Schedules and Timetables (http://www.law.utoronto.ca/academic-programs/schedules).

Note: Attendance at intensive courses is mandatory for the duration of the course.

This course will consider the core concepts and justifications of freedom of association in labour law drawing upon examples from UK, the European Convention on Human Rights, US and Canadian law. It will do so by examining the following five topics: (i) is the "contract of employment" an appropriate gateway into freedom of association, or should it be configured as a right for everyone in the labour market? (ii) should freedom of association be focused on "trade unions", or should it protect other kinds of association given the variety of working arrangements in the new economy? (iii) should there be a right to strike in the modern world of work? if so, who should have the constitutional authority to define it: the court, the legislature, or the trade union movement itself?; (iv) what does a "constitutionalised" right to collective bargaining look like? is it a right that should be constitutionalised at all?; (v) does freedom of association need a philosophical foundation? If so, which is the best account: capabilities, freedom as non-domination, or something else?