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Determinants of Israeli Judicial Discretion in Issuing Injunctions against Strikers
Author(s) -
Mundlak Guy,
Harpaz Itzhak
Publication year - 2002
Publication title -
british journal of industrial relations
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.665
H-Index - 70
eISSN - 1467-8543
pISSN - 0007-1080
DOI - 10.1111/1467-8543.00255
Subject(s) - discretion , judicial discretion , autonomy , rhetoric , law , political science , industrial relations , law and economics , labour law , compliance (psychology) , sociology , judicial review , social psychology , psychology , philosophy , linguistics
The study examines all cases (1990–7) in Israel in which employers petitioned the labour court to issue an injunction against striking workers, and identifies how judges use their discretion in deciding the petition. The findings indicate that, judicial rhetoric to the contrary, the labour court limits its considerations almost solely to the parties’ formal compliance with the legal rule. The implications of these findings for the relationship of the legal and industrial relations systems are discussed, particularly with reference to the dual task of labour law: to govern the industrial relations system, and to facilitate its autonomy.