More Constitutional Dimensions of Contract Law
A Comparative Perspective
Produktform: E-Buch Text Elektronisches Buch in proprietärem
This is the second volume of a two-book collection of essays which delves into the interplay between Human rights policies, Constitutional law, and Contract law from both theoretical and practical perspectives. The discourse surrounding Fundamental rights and the necessity that the law takes cognisance of these is one of the hallmarks of the present era. Various national and supra-national Human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive present and future. In some countries, this is done through the mechanism of a supreme Constitution, while in others international conventions or ordinary legislation hold sway. As demonstrated by the innovative essays in the first volume, Contract law has been playing an increasingly pivotal role in this phenomenon. The analysis in that volume resolved around the constitutional dimension of Contract law in Europe, Canada, Australia, and South Africa. Taking the analysis one step farther, the present volume fills an important void in the comparative law literature by gathering together essays written by leading scholars from Scandinavia, Latin America, Asia, and three African jurisdictions. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of Fundamental rights and Constitutional law issues on Contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting which include a constitutional dimension. Moving away from conventional comparative law works, which notoriously focus on Western, and particularly, on the English, North American, German, and French legal systems, this book represents a fundamental resource for further discussion on the subject.
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