Can We Trust the Courts in Labour Law? Stranded Between Frivolity and Despair

Abstract

Historically, the ruling theory of British labour law, collective laissez-faire, was rooted in distrust of courts. Over the last forty years, there have been profound and enduring constitutional changes. Successive governments have pursued deregulatory agendas through legislation, and workers and organized labour have turned increasingly to courts to vindicate their fundamental rights. In light of these changes, this article re-assesses the case against courts in British labour law. It identifies a vital yet subsidiary role for courts in labour law. This should lead scholars to reappraise the marginalization of doctrinal legal scholarship, lest the legal academy become stranded between frivolity and despair. Courts, Fundamental Rights, Statutory Interpretation, Trade Unions, Strategic Litigation