Adjudicating Employment Rights
本书研究了发达国家工会密度下降与个人就业保护立法扩张背景下，不同国家裁决个人就业权利的机构（民事法院、劳动法院等）的组织与运作效率，涵盖10个国家的案例比较。
Adjudicating Employment Rights starts with a discussion of two labour market trends very familiar to labour lawyers: the decline in trade union density across all developed economies, and the parallel expansion of employment protection legislation dealing with individual rights. It is argued that as a result of these two trends, it has become increasingly necessary to examine the organisation and operation of the institutions which deal with the adjudication of individual rights: civil courts, labour courts and other adjudicative bodies and mechanisms. Adjudicating Employment Rights provides an investigation into the nature of these institutions and the efficiency of their operation in different national contexts. In total, there is an analysis of the position in 10 different countries (France, Germany, Great Britain, Ireland, Italy, the Netherlands, New Zealand, South Africa, Sweden and the USA), with a chapter devoted to each of the chosen case studies. At the outset, the project is presented as comparative. In the introductory chapter, the reasons for the choice of jurisdiction are clearly set out, and there are initial and broad comparisons between the adjudicative institutions in the different countries chosen. There is also a recognition of the dynamism of these institutions and there are broad comparisons of the reform projects suggested or enacted across the different jurisdictions. At the same time, the opening chapter presents an interesting and informed discussion of the potential difficulties and flaws in comparative methodology, including the difficulties of collecting empirical data about the operation of court systems in different national contexts and the lack of data measuring their efficiency. The reflective approach adopted in the introductory chapter is also aided by reference to a theoretical framework for the categorisation of different national institutional systems. This framework is expanded in Chapter 2.