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Fundamental Rights and the Legal Obligations of Business (Hardcover)
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Fundamental Rights and the Legal Obligations of Business (Hardcover)
Series: Cambridge Studies in Constitutional Law
Expected to ship within 12 - 17 working days
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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.
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