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Vol 23 No 5 May/June 2018

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Human Rights and the Protection of Privacy in Tort Law: A Comparison Between English and German Law

ISBN13: 9780415695596
Previous Edition ISBN: 9780415813211
Published: June 2012
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: £39.99
Hardback edition , ISBN13 9780415477048

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded Drittwirkung or ‘third-party’ effect in private law relationships.

The German law of privacy has quite a long history, and the influence of the European Court of Human Rights’ interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.

Human Rights and Civil Liberties, Comparative Law, Tort Law
1.Aspects of Comparison and the European Convention on Human Rights in the context of German law
2.The European Court of Human Rights’ Caroline von Hannover judgment and its reverberations
3.Drittwirkung under the ECHR: Human Rights Obligation of State authorities and their influence on judicial decisions in private law disputes
4.Drittwirkung of constitutionally guaranteed basic rights in the German legal order

Series: UT Austin Studies in Foreign and Transnational Law

Human Rights and the Private Sphere Volume 3: A Comparative Study ISBN 9780415603072
To be published December 2020
Human Rights and the Private Sphere Volume 2: A Comparative Study ISBN 9780415780827
To be published December 2019
Human Rights and the Private Sphere: A Comparative Study ISBN 9780415443517
Published July 2008
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