Private Law and Human Rights : Bringing Rights Home in Scotland and South Africa /
Reid, Elspeth
Private Law and Human Rights : Bringing Rights Home in Scotland and South Africa / Elspeth Reid, Daniel Visser. - 1 online resource (576 p.)
restricted access http://purl.org/coar/access_right/c_16ec
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 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 a Bill of Rights as its cornerstone. This binds the legislature, the executive, the judiciary and all organs of state - and also private parties.In some ways, the Scottish and South African experience could not be more dissimilar, and the 'constitutional moments' from which these documents sprang were very different. At the same time, 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, providing a benchmark for both.
Mode of access: Internet via World Wide Web.
In English.
9780748684175 9780748684182
10.1515/9780748684182 doi
2013362139
Civil law--Scotland.
Civil law--South Africa.
Civil law--Scotland--Congresses.
Civil law--Scotland.
Civil law--South Africa--Congresses.
Civil law--South Africa.
Human rights--Scotland.
Human rights--South Africa.
Human rights--Scotland--Congresses.
Human rights--Scotland.
Human rights--South Africa--Congresses.
Human rights--South Africa.
Law.
LAW / Civil Law.
KDC758 / .P75 2013 KDC758 / .P75 2013
346.411
Private Law and Human Rights : Bringing Rights Home in Scotland and South Africa / Elspeth Reid, Daniel Visser. - 1 online resource (576 p.)
restricted access http://purl.org/coar/access_right/c_16ec
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 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 a Bill of Rights as its cornerstone. This binds the legislature, the executive, the judiciary and all organs of state - and also private parties.In some ways, the Scottish and South African experience could not be more dissimilar, and the 'constitutional moments' from which these documents sprang were very different. At the same time, 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, providing a benchmark for both.
Mode of access: Internet via World Wide Web.
In English.
9780748684175 9780748684182
10.1515/9780748684182 doi
2013362139
Civil law--Scotland.
Civil law--South Africa.
Civil law--Scotland--Congresses.
Civil law--Scotland.
Civil law--South Africa--Congresses.
Civil law--South Africa.
Human rights--Scotland.
Human rights--South Africa.
Human rights--Scotland--Congresses.
Human rights--Scotland.
Human rights--South Africa--Congresses.
Human rights--South Africa.
Law.
LAW / Civil Law.
KDC758 / .P75 2013 KDC758 / .P75 2013
346.411