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Beyond neo-liberalism: the trade union act 2016 and the authoritarian state

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Article
H

Bogg, Alan

Industrial Law Journal

2015

45

3

September

299-336

labour legislation ; trade union

United Kingdom

Law

http://dx.doi.org/10.1093/indlaw/dww023

English

"The Trade Union Act 2016 marks a historically significant realignment in the ideological politics of trade union regulation. It represents a more authoritarian style of Conservative ideology and statecraft in the sphere of trade union regulation, and this is reflected in three main characteristics: (i) a repressive strategy of de-democratisation, undermining political resistance and stifling dissent in the democratic process; (ii) heavier reliance on direct State coercion, including the techniques of criminalisation, alongside the empowerment of employers to use civil law remedies against trade unions and workers in industrial action situations; and (iii) the elevation of social order in the regulation of strike activity. The article then considers the likely prospects of the legislation, and the wider ideological significance of this turn towards authoritarianism for Conservative political thought ‘beyond neo-liberalism'."

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