Edited by Daniel Friedmann & Daphne Barak-Erez
Traditionally, the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel.
Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.
Part I: Constitutional Values and Private Law - The Theoretical Framework
Constitutional human rights and private law;
Constitutional values and private law in Canada;
Determining the stakes: Binding and non-binding bills of rights;
Human rights and private law in German Constitutional Development and in the Jurisdiction of the Federal Constitutional Court;
Importing constitutional volumes through blanket clauses.
Part II: The Impact of the European Convention of Human Rights
The impact of the human rights act 1998 on English Tort and Contract Law;
The European convention of human rights and fundamental freedoms and German private law.
Part III: Contract and Property Law
Freedom of contract, human rights and human dignity;
Equality of opportunity and private law;
Property rights, public policy and the limits of the legal power to discriminate.
Part IV: Labour Law
Enforcement of employment contracts and the anti-slavery norm;
Human rights and the employment relationship: a look through the prism of juridification.
Part V: The Law of Torts
Negligence and human rights: reconsidering;
Horizontal equality and the law of torts;
Privacy in the digital age: vanishing in cyberspace?