Private law and human rights : bringing rights home in Scotland and South Africa

著者

    • Reid, Elspeth (Elspeth Christie)
    • Visser, D. P.

書誌事項

Private law and human rights : bringing rights home in Scotland and South Africa

edited by Elspeth Reid and Daniel Visser

Edinburgh University Press, c2013

  • : hardback

大学図書館所蔵 件 / 全1件

この図書・雑誌をさがす

注記

Includes index

内容説明・目次

内容説明

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 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. Key Features: Twenty comparative case studies in private law and human rights A challenging collaboration between South African and Scots Universities Considers the impact of a bill of fundamental human rights upon the legal relationships between private individuals

目次

  • Preface
  • Contributor List
  • Chapter 1: Introduction, Elspeth Reid and Daniel Visser
  • Chapter 2: Private Law in the Age of Rights, Francois Du Bois
  • Chapter 3: The Politics of Private Law: Sexual Minority Freedom in South Africa and Scotland, Jaco Barnard-Naude
  • Chapter 4: Child Law: Respecting the Rights of Children, Elaine E Sutherland
  • Chapter 5: Property Deprivation of an Absentee in Emulation of the Laws of Succession: The Laws of Scotland and South Africa Compared, Roderick R M Paisley
  • Chapter 6: The Right to Personal Security, Anton Fagan
  • Chapter 7: Privacy, F D J Brand
  • Chapter 8: Defamation and Freedom of Expression, Jonathan Burchell
  • Chapter 9: Strict Liability, Max Loubser
  • Chapter 10: Liability of Public Authorities and Public Officials, John Blackie
  • Chapter 11: Nuisance, Hanri Mostert
  • Chapter 12: Contract Law and Human Rights, Peter Webster
  • Chapter 13: Principles, Policy and Practice: Human Rights and the Law of Contract, Sheldon Laing and Daniel Visser
  • Chapter 14: Juristic Persons and Fundamental Rights, Ross Gilbert Anderson
  • Chapter 15: Examining the Labour Law & Social Dimension of Human Rights: The UK & South Africa, David Cabrelli
  • Chapter 16: Rights in Security, Andrew J M Steven
  • Chapter 17: Access to credit, the law of suretyship and unfair suretyships, J T Pretorius
  • Chapter 18: The Human Right of Property in Land Law: Comparing South Africa and Scotland David Carey Miller
  • Chapter 19: The Margin of Appreciation Doctrine of the European Court of Human Rights: Protection of Ownership and the Right to a Home
  • J M Milo
  • Chapter 20: Environment and Human Rights: The Right to Water in South Africa and Scotland, Loretta Feris and John Gibson.

「Nielsen BookData」 より

詳細情報

ページトップへ