Fundamental rights and the legal obligations of business /
Bilchitz, David,
Fundamental rights and the legal obligations of business / David Bilchitz. - 1 online resource (xxii, 499 pages) : digital, PDF file(s). - Cambridge studies in constitutional law . - Cambridge studies in constitutional law. .
Title from publisher's bibliographic system (viewed on 01 Nov 2021).
The nature and purpose of the corporation in law -- The 'state duty to protect' model -- The 'indirect application' model -- The 'expanding the state' model -- The 'direct obligations' model -- The justification for and contours of a multi-factoral approach -- A balancing act - proportionality in the corporate sphere -- The multi-factoral model and positive obligations for corporations -- Embedding the multi-factoral model in corporations : the role of corporate law -- Corporate obligations in a global world : the role of international mechanisms.
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.
9781108895224 (ebook)
Social responsibility of business--Law and legislation.
K1329.5 / .B553 2022
346/.0664
Fundamental rights and the legal obligations of business / David Bilchitz. - 1 online resource (xxii, 499 pages) : digital, PDF file(s). - Cambridge studies in constitutional law . - Cambridge studies in constitutional law. .
Title from publisher's bibliographic system (viewed on 01 Nov 2021).
The nature and purpose of the corporation in law -- The 'state duty to protect' model -- The 'indirect application' model -- The 'expanding the state' model -- The 'direct obligations' model -- The justification for and contours of a multi-factoral approach -- A balancing act - proportionality in the corporate sphere -- The multi-factoral model and positive obligations for corporations -- Embedding the multi-factoral model in corporations : the role of corporate law -- Corporate obligations in a global world : the role of international mechanisms.
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.
9781108895224 (ebook)
Social responsibility of business--Law and legislation.
K1329.5 / .B553 2022
346/.0664
