ABSTRACT
The chapter explores the application of international labour standards in a context of different constitutions – in Canada, Germany and Israel – and its implications on the freedom to strike in public services and the capacity of the state to regulate labour disputes. It discusses the transformation of the rule of law in the age of globalization and the role of ILO principles in relation to constitutionalism within the nation-state.
The chapter examines how courts in different countries – Israel, Germany and Canada – differ in the application of a global integrative doctrine, which bases constitutionalism on ILO standards. The chapter claims that an important development in the age of globalization is not only the embracing of a global integrative doctrine by some courts, but also the development of an anti-global doctrine by other judiciaries. The anti-global doctrine bases constitutionalism on local constitutional documents, irrespective of ILO principles regarding strikes in public services. Recognizing a right to strike on the basis of international labour standards weakens the domestic political institutions and the effect of local agendas. The chapter suggests the embracement of the anti-global approach, which strengthens domestic institutions and their capacity to design public policy.
