Human Rights in Private LawDan Friedmann, Daphne Barak-Erez Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others. |
Contents
Introduction | 1 |
Constitutional Human Rights and Private | 13 |
Constitutional Values and Private Law in Canada | 43 |
Copyright | |
14 other sections not shown
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Common terms and phrases
action argued argument Article balancing Basic Law basic rights basis Bill of Rights binding Bill BVerfGE change private common Charter values claim claimant constitutional human rights constitutional rights contract law Convention rights corrective justice Court of Appeal decision defendant discrimination doctrine duty duty of care ECHR effect employee European Court example exercise fact Federal Constitutional Court formal equality freedom of contract freedom of expression German hereinafter horizontal equality House of Lords human dignity Human Rights Act Ibid indirect application model individual infringement judges judicial juridical conception juridification Justice justified Labour Court legislation liability limits Lord negligence non-binding Bill normative obligation one's Osman Paget-Lewis person plaintiff principle private common law private law private parties property rights protection public authorities public policy reasons recognised remedy requires respect rule supra n.2 Supreme Court tion tort law tort system United Kingdom vertical equality violation Weinrib
References to this book
Boundaries of Personal Property: Shares and Sub-Shares Arianna Pretto-Sakmann No preview available - 2005 |