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

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

Publisher : University of Cape Town Press,South Africa
SKU: 9781775820451
R 821,00
R 697,85
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.
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.
Products specifications
ISBN13 9781775820451
Publisher University of Cape Town Press,South Africa
Contributor Edited by Elspeth Reid, Edited by Daniel Visser
Publication Date 2014-02-14
Language English
Format Paperback / softback
Pages 576
Product Dimensions (H x W x L) in mm 210 X 148 X 210
Shipping Weight (grams) 500
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Description
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.
Products specifications
ISBN13 9781775820451
Publisher University of Cape Town Press,South Africa
Contributor Edited by Elspeth Reid, Edited by Daniel Visser
Publication Date 2014-02-14
Language English
Format Paperback / softback
Pages 576
Product Dimensions (H x W x L) in mm 210 X 148 X 210
Shipping Weight (grams) 500
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