The Constitutional Dimension of Contract Law

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One hallmark of the present era is the discourse surrounding Human Rights and the law's recognition of them. Various national and supranational human rights instruments aim to transition society from atrocity and callousness to a more just and inclusive future. This is achieved through overarching constitutions in some countries, while others rely on international conventions or ordinary legislation. Contract law plays a pivotal role, often associated with the debated ‘civilising mission’ of contracts, a notion rooted in the Western liberal principle of a ‘civilised economy.’ The shift from the absolute freedom of contract, prevalent in the nineteenth century, to principles of fairness and justice in contemporary contract law is seen as a testament to this civilising influence. This first volume of a two-book collection explores the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives. It presents a fresh reappraisal of the subject through essays by contract law scholars from Europe, South Africa, Canada, and Australia. Rather than offering a sterile compilation of norms and policies, the authors draw on personal experience to analyze topics related to contracting with constitutional dimensions. This work fills a significant gap in comparative law scholarship and serves as a starting point for further debate on the subject.