Abstract
The constitutionalisation of labour rights plays a significant role in extending labour rights and social protection, especially for workers who fall outside the traditional form of employment. The constitutionalisation of labour rights involves enshrining labour rights and protections in a country’s constitution. This means that labour rights become fundamental constitutional values and are given the highest level of legal protection. As will be noted in this paper, in many countries, the constitution is the supreme law, and all laws must pass constitutional scrutiny to be validly amended, thus, offering an additional layer of protection for those who are already excluded from the enjoyment of labour protection. There are several potential benefits to constitutionalising labour rights, as discussed below. In many countries, labour rights are already protected by laws and regulations. However, lawmakers or governments can change or repeal these laws, leaving workers vulnerable to exploitation or unfair treatment. Therefore, constitutionalizing labour rights makes these protections much more difficult to overturn or weaken.
Constitutionalizing labour rights can also help ensure workers access basic protections and benefits. For example, a constitution may guarantee the right to a fair wage, the right to safe working conditions, or the right to join a union. These protections can help to ensure that workers can support themselves and their families and are not forced to work in unsafe or exploitative conditions. This paper, therefore, considers the impact of entrenching labour rights in the Constitution and the role of the courts in strengthening and extending labour and social protection.