The Constitutional Dimension of Contract Law

Zusatztext

One of the hallmarks of the present era is the discourse surrounding Human Rights and the necessity that the law take cognisance of these. Various national and supranational Human Rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done through the mechanism of a supreme Constitution, while in others international conventions or ordinary legislation hold sway.Contract law plays a pivotal role in this phenomenon. According to many, this is done through the debated 'civilising mission' of the contract, a notion which itself constitutes the canon of the Western liberal principle of 'civilised economy'. The movement from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice which underpin the law of contract today, is often similarly deemed to be testament to this. Delving into the interplay between Human Rights policies, Constitutional law, and Contract law from both theoretical and practical perspectives, this first volume of a two book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by Contract law scholars from Europe, South Africa, Canada, and Australia. 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. The book fills an important void in Comparative law scholarship and in so doing represents the starting point for further debate on the subject.

Autorenportrait

Dr Luca Siliquini-Cinelli is a Lecturer in the School of Law, University of DundeeDr Andrew Hutchison is an Associate Professor in the Department of Commercial Law at the University of Cape Town.

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