Changing interpretations: freedom of association in Germany and the United Kingdom

Abstract

This article examines the transformation in the dominant understanding of freedom of association in Germany and the United Kingdom (UK) within the context of industrial relations liberalization. It argues that both countries have experienced a shift from collectivist to individualist interpretations of freedom of association, driven by a ‘liberal script’ that emphasizes individual autonomy and subjective rights. The study employs a comparative historical analysis to demonstrate how this reinterpretation manifests differently in each country's distinct institutional context. In the UK, the shift occurred through direct legislative reforms, whereas in Germany, it evolved through gradual jurisprudential reinterpretation.