Human Rights in Private Law

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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 major issues 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.
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Product Details

  • ISBN-13: 9781841132136
  • Publisher: Hart Publishing UK
  • Publication date: 4/1/1902
  • Pages: 400
  • Product dimensions: 15.60 (w) x 23.40 (h) x 31.00 (d)

Table of Contents

Table of Cases
1 Introduction 1
Pt. I Constitutional Values and Private Law - The Theoretical Framework
2 Constitutional Human Rights and Private Law 13
3 Constitutional Values and Private Law in Canada 43
4 Determining the Stakes: Binding and Non-binding Bills of Rights 73
5 Human Rights and Private Law in German Constitutional Development and in the Jurisdiction of the Federal Constitutional Court 97
6 Importing Constitutional Values through Blanket Clauses 113
Pt. 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 131
8 The European Convention of Human Rights and Fundamental Freedoms and German Private Law 161
Pt. III Contract and Property Law
9 Freedom of Contract, Human Rights and Human Dignity 181
10 Equality of Opportunity and Private Law 201
11 Property Rights, Public Policy and the Limits of the Legal Power to Discriminate 245
Pt. IV Labour Law
12 Enforcement of Employment Contracts and the Anti-Slavery Norm 283
13 Human Rights and the Employment Relationship: A Look Through the Prism of Juridification 297
Pt. V The Law of Torts
14 Negligence and Human Rights: Reconsidering Osman 331
15 Horizontal Equality and the Law of Torts 357
16 Privacy in the Digital Age: Vanishing in Cyberspace? 373
Index 389
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