When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights

dc.contributor.advisorMeyerson, Denise
dc.contributor.authorErasmus, Andre Alexander
dc.date.accessioned2023-09-09T13:13:47Z
dc.date.available2023-09-09T13:13:47Z
dc.date.issued1998
dc.date.updated2023-09-09T13:13:27Z
dc.description.abstractThe 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 the individual citizen's right to self-autonomy. Is law to be neutral, leaving private citizens to order their relations without intervention from the State? Or, should it play a more active transformative role by regulating and organising society to accord with a particular set of moral values and economic objectives? This dilemma is a current which runs through most contemporary moral and human rights discourse. It is not merely of abstract or academic interest. Both the reach and content of the law will be determined by which approach may prevail.
dc.identifier.apacitationErasmus, A. A. (1998). <i>When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights</i>. (). ,Faculty of Law ,School For Advanced Legal Studies. Retrieved from http://hdl.handle.net/11427/38490en_ZA
dc.identifier.chicagocitationErasmus, Andre Alexander. <i>"When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights."</i> ., ,Faculty of Law ,School For Advanced Legal Studies, 1998. http://hdl.handle.net/11427/38490en_ZA
dc.identifier.citationErasmus, A.A. 1998. When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights. . ,Faculty of Law ,School For Advanced Legal Studies. http://hdl.handle.net/11427/38490en_ZA
dc.identifier.ris TY - Master Thesis AU - Erasmus, Andre Alexander AB - 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 the individual citizen's right to self-autonomy. Is law to be neutral, leaving private citizens to order their relations without intervention from the State? Or, should it play a more active transformative role by regulating and organising society to accord with a particular set of moral values and economic objectives? This dilemma is a current which runs through most contemporary moral and human rights discourse. It is not merely of abstract or academic interest. Both the reach and content of the law will be determined by which approach may prevail. DA - 1998 DB - OpenUCT DP - University of Cape Town KW - Advanced Legal Studies LK - https://open.uct.ac.za PY - 1998 T1 - When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights TI - When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights UR - http://hdl.handle.net/11427/38490 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/38490
dc.identifier.vancouvercitationErasmus AA. When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights. []. ,Faculty of Law ,School For Advanced Legal Studies, 1998 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/38490en_ZA
dc.language.rfc3066eng
dc.publisher.departmentSchool For Advanced Legal Studies
dc.publisher.facultyFaculty of Law
dc.subjectAdvanced Legal Studies
dc.titleWhen equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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