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LLM Human Rights and Private Law

RDL5624F (commencing in 2015.)

Higher postgraduate course, first semester.

Course Co-ordinator (s): Professor AJ Barnard-Naudé and Dr AM Price

The relationship between human rights and private law is becoming increasingly important in many jurisdictions, and continues to generate controversy in South Africa. This course aims to enhance participants’ understanding of the relationship between human and constitutional rights, on the one hand, and core areas of South African private law, on the other, by placing that relationship in theoretical and comparative perspective. It considers:

(a) different models of the horizontal application of human rights under different domestic constitutions;

(b) the competing legal and political theories at play in the relationship between private law and human rights; and

(c) selected issues where human rights have recently traditional private law doctrines (e.g. in property, obligations, and family law) in different jurisdictions.

This course is the core, compulsory course in the ‘Private Law and Human Rights’ postgraduate programme, but it may be taken by any postgraduate law student.

A draft reading list for the course can be downloaded here.