The Review

September 2020 Issue

articles

Welfare‐to‐Work, Structural Injustice and Human Rights

This article discusses welfare‐to‐work schemes, places schemes with strict conditionality in the theoretical framework of structural injustice, and argues that they may violate human rights law. The article further argues that a framework of ‘state‐mediated structural injustice’ is the best way of explaining the wrong. It finally claims that this injustice violates principles that are enshrined in human rights law, which the authorities have an obligation to examine and address.

Virginia Mantouvalou

Unpopular Sovereignty?

Popular sovereignty was presented in modern constitutional discourse as a mode of collective action. What remains of popular sovereignty is fundamental rights and values, or dispersed networks of deliberation. The very concept of sovereignty thus becomes unpopular. This contribution aims to re‐establish the link between popular sovereignty and action by examining sovereignty's emancipatory telos, its majoritarian mode of operation and its dependence on political citizenship.

Alexander Somek & Michael A. Wilkinson

cases

Disability, Reasonable Accommodation and the Employer's Obligations: Nano Nagle School v Daly

The duty on employers to provide reasonable accommodation is a well‐established component of disability discrimination legislation, yet it continues to generate litigation in many jurisdictions. This article examines a recent decision of the Irish Supreme Court concerning the extent of the employer's obligations where, after having acquired an impairment, a worker is no longer able to perform all of the functions of her original job.

Desmond Ryan & Mark Bell

review article

book reviews

The Review

Published September 2020
Frequency Bi-Monthly
Volume 83
Issue 5
Print ISSN 0026-7961
Online ISSN 1468-2230

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