Human Rights in Private Law
Dan Friedmann, Daphne Barak-Erez
Hart Publishing, 2001 - Law - 393 pages
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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
argument Article balancing Basic Law basic rights basis beneﬁt Bill of Rights binding Bill BVerfGE change private common Charter values claim claimant conﬂict constitutional human rights constitutional rights constitutional values contract law Convention rights Court of Appeal decision defendant defendant’s difﬁcult discrimination doctrine duty duty of care ECHR effect employee European Court example exercise fact Federal Constitutional Court ﬁnd ﬁrst formal equality freedom of contract freedom of expression German hereinafter House of Lords human dignity Human Rights Act Ibid indirect application model individual inﬂuence infringement judges judicial juridical conception juridiﬁcation Justice justiﬁcation Labour Court legislative liability limits Lord negligence non-binding Bill normative obligation one’s Osman owner Paget-Lewis person plaintiff principle private common law private law private parties property rights protection public authorities public policy reasons recognised reﬂects remedy requires respect rule signiﬁcance speciﬁc supra n.1 Supreme Court tion tort United Kingdom violation
Page 376 - Right to respect for private and family life 1 Everyone has the right to respect for his private and family life, his home and his correspondence. 2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for...