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Showing 1 to 4 of 4 for “"Horizontal Application"”.
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When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights
The application of human rights to private relationships is a difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and …
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The constitutional development of fundamental rights and the horizontal application of the Bill of Rights under the South African constitution of 1996
… thesis will deal with the development of the application of human rights in states' constitutional systems. As with historical development it will deal with human rights as rights of the individual against the state. Then the application of the Bill of Rights in the private sector will be …
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EFFETTI DELLA RIFORMA E DELLA CASSAZIONE DELLA SENTENZA NON DEFINITIVA
… there are brief hints regarding the so-called horizontal application of the rule of external expansive effect related to the problem of the theoretical conflict of judgments.
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The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making
A tension arises whenever the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated …