Full 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 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.
Contents
Preface; Contributor List; Table of Cases; Table of Statutes; Introduction, Elspeth Reid and Daniel Visser; 2: Private Law in the Age of Rights, François Du Bois; 3: The Politics of Private Law: Sexual Minority Freedom in South Africa and Scotland, Jaco Barnard-Naudé; 4: Child Law: Respecting the Rights of Children, Elaine E Sutherland; 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; 6: The Right to Personal Security, Anton Fagan; 7: Privacy, F D J Brand; 8: Defamation and Freedom of Expression, Jonathan Burchell; 9: Strict Liability, Max Loubser; 10: Liability of Public Authorities and Public Officials, John Blackie; 11: Nuisance, Hanri Mostert; 12: Contract Law and Human Rights, Peter Webster; 13: Principles, Policy and Practice: Human Rights and the Law of Contract, Sheldon Laing and Daniel Visser; 14: Juristic Persons and Fundamental Rights, Ross Gilbert Anderson; 15: Examining the Labour Law & Social Dimension of Human Rights: The UK & South Africa, David Cabrelli; 16: Rights in Security, Andrew J M Steven; 17: Access to credit, the law of suretyship and unfair suretyships, J T Pretorius; 18: The Human Right of Property in Land Law: Comparing South Africa and Scotland David Carey Miller; 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; 20: Environment and Human Rights: The Right to Water in South Africa and Scotland, Loretta Feris and John Gibson; Index.
