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Private Law and Human Rights : Bringing Rights Home in Scotland and South Africa / Elspeth Reid, Daniel Visser.

By: Contributor(s): Material type: TextTextPublisher: Edinburgh : Edinburgh University Press, [2022]Copyright date: ©2013Description: 1 online resource (576 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9780748684175
  • 9780748684182
Subject(s): DDC classification:
  • 346.411 23
LOC classification:
  • KDC758 .P75 2013
  • KDC758 .P75 2013
Other classification:
  • online - DeGruyter
Online resources: Available additional physical forms:
  • Issued also in print.
Summary: 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.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780748684182

restricted access online access with authorization star

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.

Issued also in print.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 24. Mai 2022)