Judicial Governance in Private Law through the Application of Fundamental Rights

Judicial Governance in Private Law through the Application of Fundamental Rights

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Through the acknowledgment and balancing of the conflicting fundamental rights at stake in a private litigation, the courts ‘govern’ societal relationships. This judicial governance complements and adjusts the governance of the concerned societal relationships that takes place at the legislative lev...

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Main Author: Aurelia Colombi Ciacchi
Format: Article
Language:deu
Published: Brigitte Lurger, Elisabeth Staudegger, Stefan Storr 2014-12-01
Series:Austrian Law Journal
Online Access:https://alj.uni-graz.at/index.php/alj/article/view/15
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spelling doaj-a0709f25287b451bbd31dc4291c4496e2020-11-25T03:53:57ZdeuBrigitte Lurger, Elisabeth Staudegger, Stefan StorrAustrian Law Journal2409-69112014-12-01112013415Judicial Governance in Private Law through the Application of Fundamental RightsAurelia Colombi CiacchiThrough the acknowledgment and balancing of the conflicting fundamental rights at stake in a private litigation, the courts ‘govern’ societal relationships. This judicial governance complements and adjusts the governance of the concerned societal relationships that takes place at the legislative level. This paper discusses a number of societal governance policies pursued, consciously or inconsciously, by national courts while deciding on private relationships through the application of fundamental rights. Thereby it considers cases decided by courts in Germany, England, France, Italy, the Netherlands, Poland, Portugal, Sweden and Spain. One may observe six major policy trends underlying these decisions: (1) the fight against discrimination, (2) the protection of weaker parties in contract cases, (3) the increasing valorisation of non-economic interests in tort cases, (4) the protection of privacy from intrusions by media, (5) the protection of political rights in privately owned public spaces, and (6) environmental protection in property cases.https://alj.uni-graz.at/index.php/alj/article/view/15
collection DOAJ
language deu
format Article
sources DOAJ
author Aurelia Colombi Ciacchi
spellingShingle Aurelia Colombi Ciacchi
Judicial Governance in Private Law through the Application of Fundamental Rights
Austrian Law Journal
author_facet Aurelia Colombi Ciacchi
author_sort Aurelia Colombi Ciacchi
title Judicial Governance in Private Law through the Application of Fundamental Rights
title_short Judicial Governance in Private Law through the Application of Fundamental Rights
title_full Judicial Governance in Private Law through the Application of Fundamental Rights
title_fullStr Judicial Governance in Private Law through the Application of Fundamental Rights
title_full_unstemmed Judicial Governance in Private Law through the Application of Fundamental Rights
title_sort judicial governance in private law through the application of fundamental rights
publisher Brigitte Lurger, Elisabeth Staudegger, Stefan Storr
series Austrian Law Journal
issn 2409-6911
publishDate 2014-12-01
description Through the acknowledgment and balancing of the conflicting fundamental rights at stake in a private litigation, the courts ‘govern’ societal relationships. This judicial governance complements and adjusts the governance of the concerned societal relationships that takes place at the legislative level. This paper discusses a number of societal governance policies pursued, consciously or inconsciously, by national courts while deciding on private relationships through the application of fundamental rights. Thereby it considers cases decided by courts in Germany, England, France, Italy, the Netherlands, Poland, Portugal, Sweden and Spain. One may observe six major policy trends underlying these decisions: (1) the fight against discrimination, (2) the protection of weaker parties in contract cases, (3) the increasing valorisation of non-economic interests in tort cases, (4) the protection of privacy from intrusions by media, (5) the protection of political rights in privately owned public spaces, and (6) environmental protection in property cases.
url https://alj.uni-graz.at/index.php/alj/article/view/15
work_keys_str_mv AT aureliacolombiciacchi judicialgovernanceinprivatelawthroughtheapplicationoffundamentalrights
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