La Costituzione e il sistema del diritto del lavoro. Lineamenti di una teoria generale

Authors

Carlo Smuraglia
Keywords: Carlo Smuraglia, Italian Constitution, Labor law

Synopsis

The volume was published in 1958, at a time when there was still debate about the legal significance of the Constitution and when labor was still regulated by corporatist norms. The work offers a systematic reinterpretation of labor law in light of constitutional principles. The relevance of the individual, the principle of substantive equality enshrined in Article 3(II) of the Constitution, and the right to work are at the foundation of recognizing a society divided by economic and social differences, which presupposes a rebalancing through a system of guarantees aimed at balancing entrepreneurial economic power with the social and political primacy of labor forces. It is in light of the fundamental principles of the Constitution that the rights to work, to adequate compensation, to social security, and to trade union freedom become non-negotiable rights of the individual, immediately effective even in relations between private parties. And it is always on the basis of principles of democracy and freedom that the rights of collective autonomy are defined in the essay. Despite the more than sixty years filled with history and changes that separate us from this first monograph by Carlo Smuraglia, the principles affirmed therein remain at the foundations of the current labor regulatory system and, at the same time, indicate a path towards the realization of constitutional principles that has never lost relevance.

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Author Biography

Carlo Smuraglia

was a partisan fighter and volunteer in the 'Cremona' Division (8th Allied Army), National President and later Emeritus of the ANPI (National Association of Italian Partisans) from 2011 to 2017, Professor of Labour Law at the University of Milan from 1986, lawyer, and member of the Superior Council of the Magistracy. He was a Senator of the Republic from 1992 to 2001, President of the Labour Commission, and a member of the Parliamentary Anti-Mafia Commission.

Published
April 29, 2024
Categories

Details about the available publication format: PDF

PDF
ISBN-13 (15)
979-12-5510-147-5

Details about the available publication format: EPUB

EPUB
ISBN-13 (15)
979-12-5510-149-9

Details about the available publication format: BUY

BUY
ISBN-13 (15)
979-12-5510-143-7
Physical Dimensions