Private Law and Human Rights

Bringing rights home in Scotland and South Africa


Available
  • Format: Soft Cover
  • ISBN: 9781775820451
  • Extent: 576
  • Published:
  • Category: UCT Press, Law

R821.00



Scotland 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 and South Africa has been a new and intense focus on human rights.

In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course, the ‘constitutional moments’ from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling.

This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.

Private Law in the Age of Rights
The Politics of Private Law: Sexual Minority Freedom in South Africa and Scotland
Child Law: Respecting the Rights of Children
Property Deprivation of an Absentee in Emulation of the Laws of Succession: The Laws of Scotland and South Africa Compared
The Right to Personal Security
Privacy
Defamation and Freedom of Expression
Strict Liability
Liability of Public Authorities and Public Officials
Nuisance
Contract Law and Human Rights
Principles, Policy and Practice: Human Rights and the Law of Contract
Juristic Persons and Fundamental Rights
Examining the Labour Law and Social Dimension of Human Rights: The UK and South Africa
Rights in Security
Access to Credit, the Law of Suretyship and Unfair Suretyships
The Human Right of Property in Land Law: Comparing South Africa and Scotland

The Margin of Appreciation Doctrine of the European Court of Human Rights: Protection of Ownership and the Right to a Home
Environment and Human Rights: The Right to Water in South Africa and Scotland

Legal professionals and academics interested in constitutional law as well as private law; practitioners who have to solve problems regarding the relevance and role of human rights in regard to different private-law situations.

This product does not have any reviews yet - be the first to write one.

Scotland 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 and South Africa has been a new and intense focus on human rights.

In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course, the ‘constitutional moments’ from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling.

This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.

Private Law in the Age of Rights
The Politics of Private Law: Sexual Minority Freedom in South Africa and Scotland
Child Law: Respecting the Rights of Children
Property Deprivation of an Absentee in Emulation of the Laws of Succession: The Laws of Scotland and South Africa Compared
The Right to Personal Security
Privacy
Defamation and Freedom of Expression
Strict Liability
Liability of Public Authorities and Public Officials
Nuisance
Contract Law and Human Rights
Principles, Policy and Practice: Human Rights and the Law of Contract
Juristic Persons and Fundamental Rights
Examining the Labour Law and Social Dimension of Human Rights: The UK and South Africa
Rights in Security
Access to Credit, the Law of Suretyship and Unfair Suretyships
The Human Right of Property in Land Law: Comparing South Africa and Scotland

The Margin of Appreciation Doctrine of the European Court of Human Rights: Protection of Ownership and the Right to a Home
Environment and Human Rights: The Right to Water in South Africa and Scotland

Legal professionals and academics interested in constitutional law as well as private law; practitioners who have to solve problems regarding the relevance and role of human rights in regard to different private-law situations.

This product does not have any reviews yet - be the first to write one.