Abstract
With rare exceptions, the analysis of social jurisdiction has focused on its institutional aspect rather than on its rule-producing, jurisprudential dimension—reflecting a perception that little can be expected of a court integrated into the State and applying outdated law, and the image of a social judge insensitive to the demands of justice and equity, a mere servant of the law preserving the established order. The author argues that this view must be nuanced: it is possible to speak of a creative social jurisprudence, illustrated through the particularly sensitive terrain of dismissal. Examining the judge's real role and freedom in the face of statutory texts, the study links the judge's relationship to dismissal to the legal nature of the enterprise and the foundation of employer authority. It contends that judicial creativity manifests itself in three attitudes toward dismissal: the choice of the protective solution, qualification and interpretation favorable to the employee, and the Supreme Court's favorable review of lower courts—useful material for the legislator as labor law is codified.
Recommended Citation
El Bacha, Farid
(1990)
"Dismissal in Case Law,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 9:
Iss.
1, Article 19.
https://doi.org/10.66499/2665-7112.1677
Available at:
https://scholarhub.univh2c.ma/remadeg/vol9/iss1/19
DOI
10.66499/2665-7112.1677