Emergency Labor Constitutionalism and Emergency Regulations

Abstract Drawing on the intersection of the theory of the regulatory state, labor regulation theory of the legal origin, and the literature on emergency constitutionalism, the article introduces the notion of labor emergency constitutionalism, within the welfare emergency regulatory state. While focusing on the novel issue of emergency constitutionalism within the labor market, the article presents two variants for labor emergency constitutionalism and the development of different roles of the courts. The article explores the jurisdiction of Israel and Britain, presenting two distinct approaches to constitutionalism. Based on the problems invoked by both models, the article presents a suggested new model.