Private Law And Human Rights

Author : David Hoffman
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,8 Mb
Release : 2011-10-13
Category : Political Science
ISBN : 9781139503204

Get Book

The Impact of the UK Human Rights Act on Private Law by David Hoffman Pdf

The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Author : Verica Trstenjak,Petra Weingerl
Publisher : Springer
Page : 593 pages
File Size : 52,8 Mb
Release : 2015-12-16
Category : Law
ISBN : 9783319253374

Get Book

The Influence of Human Rights and Basic Rights in Private Law by Verica Trstenjak,Petra Weingerl Pdf

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

Author : Anonim
Publisher : Eric Engle
Page : 128 pages
File Size : 40,5 Mb
Release : 2006
Category : Electronic
ISBN : 8210379456XXX

Get Book

Private Law Remedies for Extraterritorial Human Rights Violations by Anonim Pdf

Author : Daniel Visser
Publisher : Edinburgh University Press
Page : 576 pages
File Size : 42,7 Mb
Release : 2013-07-31
Category : Law
ISBN : 9780748684199

Get Book

Private Law and Human Rights by Daniel Visser Pdf

A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland

Author : Yousuf Aftab,Audrey Mocle
Publisher : Unknown
Page : 128 pages
File Size : 55,8 Mb
Release : 2019
Category : Human rights
ISBN : 0433478608

Get Book

Business and Human Rights as Law by Yousuf Aftab,Audrey Mocle Pdf

"This book is about corporate social responsibility and business & human rights. It discusses international law and how the emerging litigation thereof."--

Author : Dan Friedmann,Daphne Barak-Erez
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 50,7 Mb
Release : 2002-03-12
Category : Law
ISBN : 9781847311887

Get Book

Human Rights in Private Law by Dan Friedmann,Daphne Barak-Erez Pdf

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.

Author : Hans Micklitz
Publisher : OUP Oxford
Page : 320 pages
File Size : 50,8 Mb
Release : 2014-04-17
Category : Law
ISBN : 9780191020087

Get Book

Constitutionalization of European Private Law by Hans Micklitz Pdf

In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

Author : Kit Barker,Darryn Jensen
Publisher : Cambridge University Press
Page : 387 pages
File Size : 46,8 Mb
Release : 2013-12-05
Category : Law
ISBN : 9781107039117

Get Book

Private Law by Kit Barker,Darryn Jensen Pdf

An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.

Author : A. S. Hartkamp
Publisher : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 2016
Category : Civil law
ISBN : 1780683855

Get Book

European Law and National Private Law by A. S. Hartkamp Pdf

European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.

Author : Friedrich Julius Stahl
Publisher : WordBridge Publishing
Page : 243 pages
File Size : 45,5 Mb
Release : 2007-07
Category : Electronic
ISBN : 9789076660059

Get Book

Private Law by Friedrich Julius Stahl Pdf

"Private Law" is a translation of Book III of "The Doctrine of Law and State," providing the detailed outworking in private law of the principles of law developed in Book II, "Principles of Law." In it, the rights of man receive full explanation within the context of higher, God-given legal principles. Thus, for Stahl human rights do not serve as the source of law but as a secondary principle subservient to a higher law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary emotivism and primacy of the will.

Author : Kit Barker,Darryn Jensen
Publisher : Cambridge University Press
Page : 387 pages
File Size : 42,7 Mb
Release : 2013-12-05
Category : Law
ISBN : 9781107512726

Get Book

Private Law by Kit Barker,Darryn Jensen Pdf

The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.

Author : Ferdinand J. M.: Festschrift Feldbrugge,Donald D. Barry,George Ginsburgs,William B. Simons
Publisher : Martinus Nijhoff Publishers
Page : 688 pages
File Size : 54,6 Mb
Release : 1996-01-01
Category : Law
ISBN : 0792328434

Get Book

The Revival of Private Law in Central and Eastern Europe by Ferdinand J. M.: Festschrift Feldbrugge,Donald D. Barry,George Ginsburgs,William B. Simons Pdf

During the last years of its life the Soviet Union turned to law like a dying monarch to his withered God. Its successor, the Russian Federation, has adopted the same posture. In public discourse the phrases civil society and law-governed state have acquired hortatory force, the judges are bidden by law to wear robes, and the Congress and the Supreme Soviet enact and amend statutes with the fervor of one who sees in legislation the path to paradise. (Bernard Rudden, Civil Society and Civil Law, The Revival of Private Law in Central and Eastern Europe.) Somewhat less dramatically, perhaps, the picture is repeated throughout the rest of the post-communist constituency.

Author : J. J. Fawcett,Máire Ní Shúilleabháin,Máire Treasa Ní Shúilleabháin,Sangeeta Shah
Publisher : Oxford Private International L
Page : 0 pages
File Size : 44,8 Mb
Release : 2016
Category : Law
ISBN : 0199666407

Get Book

Human Rights and Private International Law by J. J. Fawcett,Máire Ní Shúilleabháin,Máire Treasa Ní Shúilleabháin,Sangeeta Shah Pdf

1: Introduction 2: Human rights, private international law, and their interaction 3: The right to a fair trial 4: The right to a fair trial and jurisdiction under the EU rules 5: The right to a fair trial and recognition and enforcement of foreign judgments under the EU rules 6: The right to a fair trial and jurisdiction under national rules 7: The right to a fair trial and enforcement and recognition of foreign judgments under the traditional English rules 8: The right to a fair trial and private international law: Concluding remarks 9: The prohibition of discrimination and private international law 10: Freedom of expression and the right to respect for private life: International defamation and invasion of privacy 11: The right to marry, the right to respect for family life, the prohibition on discrimination and international marriage 12: Religious rights and recognition of marriage and extra-judicial divorce 13: Right to respect for family life and the rights of the child: International Child Abduction 14: Right to respect for private and family life and related rights: Parental status 15: The right to property, foreign judgments, and cross-border property disputes 16: Overall conclusions.

Author : Andrew Robertson,Donal Nolan
Publisher : Unknown
Page : 652 pages
File Size : 40,7 Mb
Release : 2012
Category : Civil law
ISBN : 1472561074

Get Book

Rights and Private Law by Andrew Robertson,Donal Nolan Pdf

Author : Michael Faure,Andre Van der Walt
Publisher : Edward Elgar Publishing
Page : 509 pages
File Size : 46,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849805216

Get Book

Globalization and Private Law by Michael Faure,Andre Van der Walt Pdf

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.