Global constitutionalism and social movement unionism

Abstract Strikes against public policies have often been classified as illegal political strikes. Nevertheless, the concept of social movement unionism (SMU) describes how trade unions in some countries have become active players in social struggles, alongside social organizations and protest groups, by using political strikes. Although the International Labor Organization (ILO) prohibits purely political strikes, it recognizes the legitimacy of protest strikes concerning public issues. In this respect, the article combines the notion of global constitutionalism with the concept of SMU to explore the issue of political strikes in times of social or democratic struggles. Global constitutionalism regards certain international principles as paramount, offering them a status akin to constitutional law. Drawing on the intersection of the theory of SMU with the concept of global constitutionalism, the article suggests that strikes against governmental policy, framed as part of broader social protests, can effectively oppose controversial public policies. The article claims that protest strikes should be recognized as legitimate exercises of workers’ freedom of association, based on the application of relevant ILO principles through global constitutionalism.