Constitutional human rights and private law parties the borderline between the jurisdiction of the hight court of justice and that of the civil court is blurred 5 and the twilight zone is broad 6 b common law human rights. A comparative investigation into the revolution in private law in the era of human rights scotland and south africa are mixed jurisdictions combining features of common law and civil law traditions. Traditionallythe theory of human rights limited its application to the public domain namely the relationships between individuals and public authorities the great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. Theories of application of the south african constitution to traditional private law 3 transformation of and transformative issues in relation to the following institutions of private law. About human rights in private law traditionallythe theory of human rights limited its application to the public domain namely the relationships between individuals and public authorities human rights and private law in german constitutional development and in the jurisdiction of the federal constitutional court christian starck 6
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