Home >
Law >
Administrative / Constitutional Law >
Fundamental Rights and the Legal Obligations of Business

Fundamental Rights and the Legal Obligations of Business

Author: David Bilchitz
Publisher: Cambridge University Press
ISBN: 9781108841948

Published In: November 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108815314

List Price: HKD 1,573.00

HKD 1,525.81 Save HKD 47.19 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Corporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.

1. The Nature and Purpose of the Corporation in Law

Part I: Legal Doctrinal Models for Addressing the Substantive Obligations of Non-State Actors for Fundamental Rights:

2. The State Duty to Protect Model

3. The Indirect Application Model

4. The Expanding the State Model

5. The Direct Obligations Model

Part II: Towards a Multi-Factoral Model for Determining the Substantive Content of Corporate Obligations:

6. The Justification for and Contours of a Multi-Factoral Approach

7. A Balancing Act – Proportionality in the Corporate Sphere

8: The Multi-Factoral Model and Positive Obligations for Corporations

Part III: The Institutional Implications of the Multi-Factoral Model

9: Embedding the Multi-Factoral Model in Corporations: The Role of Corporate Law