product description page
Constitutional Dimension of Contract Law : A Comparative Perspective (Hardcover)
about this item
Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this book offers a totally new reappraisal of the subject by gathering a collection of essays written by comparative and contract law scholars from Europe, Africa, Asia, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental (human) 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 in so representing the starting point for further debate on the subject.
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. 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 characterised socio-legal thought in the eighteen century, to the principles of fairness and justice which underpin the law of contract today is testament to this.