The Impact of Human Rights and Basic Rights in German Private Law

2015 ◽  
pp. 295-317
Author(s):  
Dirk Looschelders ◽  
Mark Makowsky
Keyword(s):  
Human Rights ◽  
Private Law ◽  
Basic Rights ◽  
The Impact

The Impact of Public Law Norms on Private Law Relationships

2015 ◽  
Vol 2 (2) ◽  
pp. 124-155
Author(s):  
Justin Friedrich Krahé
Keyword(s):  
Human Rights ◽  
Public Law ◽  
Private Law ◽  
The Common ◽  
English Law ◽  
The Impact

This article examines the doctrinal foundation and potential for harmonisation of horizontal effect in German and English law against the common legal background of the echr and eu law. It compares direct horizontal effect with two models of indirect horizontal effect, based either on objective constitutional values (indirect Model A), or subjective public law rights (indirect Model B). It is contended that indirect horizontal effect based on subjective public law rights, particularly those corresponding to the state’s obligation to respect, protect and fulfil human rights, provides a coherent and predictable solution to most problems arising in horizontal effect cases.

13. The Judicial Review Procedure

2016 ◽  
Author(s):  
Mark Elliott ◽  
Jason Varuhas
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Public Law ◽  
Private Law ◽  
Review Procedure ◽  
The Impact

This chapter examines the judicial review procedure, with particular emphasis on two issues: first, what judicial review procedure which claimants seeking a prerogative remedy are required to use; second, the extent to which a claimant seeking to raise a public law matter may avoid having to use the judicial review procedure by issuing a claim for an injunction or declaration. After providing a background on the origins of today's judicial review procedure, the chapter discusses the nature of the judicial review procedure and the impact of human rights claims on judicial review procedure. It also considers when the judicial review procedure must be used, focusing on procedural exclusivity, waiver of exclusivity, defensive use of public law arguments, and the connection between private law rights and public law.

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