The Theory Of American Labor Right On Consitutionalism Perspective

There is a paradox in the relationship between the UnitedStates Constitution and labor rights.On the one hand, theUnited States Congress ratified the13th Amendment in1865,which officially outlaws slavery labor and involuntary labor.On the other hand, there aren’t legislative articles in theUnited States Constitution which serve to protect labor rightsas the natural rights of liberty, which is different from mostConstitutions all over the world. A research of American laborright theory on Constitutionalism Perspective will providesome theorical explainations to the paradox.The introduction includes the selection and significanceof the subject, the previous studies, the perspective and thestructure of the discussion.Chapter1discusses the background of American labor rights theory. The theorical background is constitutionalismtraditions,which include liberalism, republicanism andsocialism. Their interaction had a signigicant influence on theconcrete proposition of labor liberty concept. Theinstitutional background is the United States Constitution. Itprovides some directions in principle to deal with laborrights,and shows American practical thinking path on rights,which emphasizes effective working of rights. The practicalbackground is the American Judicial Review, which puts laborrights theory in legal practice.It will cite a famous case asan instance in differnt period, in order to describe thedevelopment of labor rightsChapter2to4are the main part of this disseration,whichstudy the theory of American Labor right from theconstitutionalism perspective. That perspective providesbasic theorical framework to my research.Firstly, labor liberty is the core concept in Americanconsititutional theory. Its core meaning went through remarkable changes, which from free labor ideas, contractliberty to industrial freedom.Secondly, this disseration focuses the basic problem inconstitutionalism institution, that is the relevance betweenlabor rights and state powers. Labor rights challenged andreformed traditional consititutional theory.Thirdly, this disseration discuss the approach changing ofFederal Supreme Court to labor legislation in Judicial Reveiw.In fact, it reflected the result of conflict among differentinterest groups, and shows the selection of judges betweenlegal traditional princple and new reality.This disseration also offered a historical perspective.According to the remarkable change of labor liberty, there arethree main period: the Civil War, Free Market Economy and theWelfare State, that devided the disseration into Chapter2to4.Chapter5is the temporary conclusion, which assesses thecontributions and limits of the theory of American labor right. After that, this disseration will point some new trends of laborrights theorial development since1980s.