Front cover image for Human Rights in Private Law

Human Rights in Private Law

In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives
eBook, English, 2002
Bloomsbury Publishing, London, 2002
1 online resource (415 pages)
9781847311887, 1847311881
1054244338
Acknowledgements
Contents
Contributors
Abbreviations
Table of Cases
1. Introduction
I
II
Part I: Constituttional Values and Private Law
The Theoretical Framework
2. Constitutional Human Rights and Private Law
I. MODELS FOR THE APPLICATION OF CONSTITUTIONAL HUMAN RIGHTS IN PRIVATE LAW
II. CONSIDERATIONS FOR THE PROPER SOLUTION
3. Constitutional Values and Private Law in Canada
I. THE RELEVANCE OF CONSTITUTIONAL VALUES IN CANADA
II. THE RECEPTIVITY OF PRIVATE LAW TO CONSTITUTIONAL VALUES
III. ENTITLEMENT AND RELATIONSHIP. IV. RELATING CHARTER VALUES TO OTHER PRIVATE LAW INTERESTS
V. THE INFLUENCE OF CHARTER VALUES ON ENTITLEMENTS
VI. TRANSACTIONAL EQUALITY
VII. CONCLUSION
4. Determining the Stakes: Binding and Non-Binding Bills of Rights
I. INTRODUCTION
II. TWO KINDS OF CONSTRAINT
III. JUSTIFYING CONSTITUTIONAL CONSTRAINT
IV. THREE FALLACIES
5. Human Rights and Private Law in German Constitutional Development and in the Jurisdiction of the Federal Constitutional Court
I. VARIOUS THEORIES OF THE THIRD-PARTY EFFECT OF BASIC RIGHTS. II. THE MULTI-LAYERED PROBLEM OF FREEDOM AND BASIC RIGHTS AS GUARANTEES AGAINST THE STATE
III. BASIC RIGHTS OF EXPLICIT RELEVANCE TO PRIVATE LAW
IV. PRIVATE LAW CONSIDERATION OF THE OBJECTIVELY NORMATIVE EFFECT OF BASIC RIGHTS
V. GERMAN CASE LAW
VI. CONCLUSION
6. Importing Constitutional Values through Blanket Clauses
I. INTRODUCTION
II. THE RELATIONSHIP BETWEEN THE BASIC LAW AND PRIVATE LAW FROM A DOCTRINAL POINT OF VIEW
III. THE APPLICATION OF THIS CONCEPT IN PRACTICE
IV. CONCLUSION
Part II: The Impact of the European Convention on Human Rights. 7. The Impact of the Human Rights Act 1998 on English Tort and Contract Law
I. APPLICABILITY OF THE HRA
II. THE POSSIBLE SUBSTANTIVE IMPACT
III. CONTRACT LAW
IV. CONCLUSION
8. The European Convention of Human Rights and Fundamental Freedoms and German Private Law
I. INTRODUCTION: FUNDAMENTAL RIGHTS AND PRIVATE LAW- A GLIMPSE AT THE GERMAN DISCUSSION
II. THE INFLUENCE OF THE ECHR ON GERMAN PRIVATE LAW: THE THEORETICAL FRAMEWORK
III. THE ACTUAL IMPACT OF ARTICLES 8 AND 10 OF THE ECHR ON GERMAN PRIVATE LAW. IV. SOME THOUGHTS ON THE IMPACT OF HUMAN RIGHTS ON PRIVATE CONTRACTUAL RELATIONS
V. CONCLUSIONS
Part III: Contract and Property Law
9. Freedom of Contract, Human Rights and Human Dignity
I. INTRODUCTION
II. FREEDOM OF CONTRACT
III. INTENSIFYING THE IMPACT OF HUMAN RIGHTS
IV. HUMAN DIGNITY AND FREEDOM OF CONTRACT
V. CONCLUSION
10. Equality of Opportunity and Private Law
I. INTRODUCTION
II. PRIVATE LAW AND FORMAL EQUALITY OF OPPORTUNITY
11. Property Rights, Public Policy and the Limits of the Legal Power to Discriminate
I. OVERVIEW
II. MY RIGHT OVER MY PROPERTY: THE IN REM POWER TO "RULE" THE PROPERTY