David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Originally, private law was considered to be immune from the effect of fundamental rights, the function of which was limited to being individual defenses against the vigilant eye of the state. This traditional view, however, has been put under pressure as a result of the growing effect of fundamental rights in private law, which makes it possible to speak about the tendency towards the constitutionalization of private law. Although until recently this tendency has primarily manifested itself in the national law of many EU Member States as a result of the readiness of the domestic courts to grant effect to fundamental rights embodied in national constitutions and international human rights instruments in purely private law disputes, an interesting perspective on the issue is also provided by EU law. The aim of this article is to trace in EU law the signs of the developments which have been occurring in national legal systems with regard to the effect of fundamental rights in private law, and, in the light of this, to outline possible directions in the evolution of the relationship between private law, on the one hand, and EC fundamental freedoms and EU fundamental rights, on the other, in the context of EU law.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Giovanni Sartor (2006). Fundamental Legal Concepts: A Formal and Teleological Characterisation. [REVIEW] Artificial Intelligence and Law 14 (1-2):101-142.
Vaios Karavas & Gunther Teubner (2005). Www.CompanyNameSucks.Com: The Horizontal Effect of Fundamental Rights on 'Private Parties' Within Autonomous Internet Law. Constellations 12 (2):262-282.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Nghia Hoang, International Human Rights Law and the Protection of the Individual's Rights in the Age of Terrorism: The Case of the United Kingdom.
Olha O. Cherednychenko, Subordinating Contract Law to Fundamental Rights: Towards a Major Breakthrough or Towards Walking in Circles?
Added to index2009-04-24
Total downloads10 ( #165,277 of 1,410,123 )
Recent downloads (6 months)1 ( #177,589 of 1,410,123 )
How can I increase my downloads?