Companies and Their Fundamental Rights: A Comparative Perspective

64 International and Comparative Law Quarterly, pp 661-696

37 Pages Posted: 4 Sep 2015 Last revised: 29 Jul 2017

See all articles by Peter Oliver

Peter Oliver

Université Libre de Bruxelles (ULB) - Institute of European Studies; Bingham Centre for the Rule of Law

Date Written: June 30, 2015

Abstract

This article explores the case law of the European Court of Human Rights, the European Court of Justice and the US Supreme Court on the fundamental rights of commercial companies. The rights considered include property, the privilege against self-incrimination, freedom of speech, double jeopardy, the right to make political donations, and the freedom of religion. The article highlights the dangers of taking the fundamental rights of companies too far, as has recently occurred in the US; and it advocates a cautious and coordinated approach to this delicate issue, which has become increasingly important on both sides of the Atlantic.

Keywords: fundamental rights; company law; EU law; US constitutional law; European Convention on Human Rights

Suggested Citation

Oliver, Peter J, Companies and Their Fundamental Rights: A Comparative Perspective (June 30, 2015). 64 International and Comparative Law Quarterly, pp 661-696. Available at SSRN: https://ssrn.com/abstract=2655690

Peter J Oliver (Contact Author)

Université Libre de Bruxelles (ULB) - Institute of European Studies ( email )

Institut d'Etudes européennes
Av. F.D. Roosevelt, 39
Ixelles-Bruxelles, 1050
Belgium

HOME PAGE: http://https://www.iee-ulb.eu/en/

Bingham Centre for the Rule of Law ( email )

BIICL, Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
133
Abstract Views
774
rank
219,399
PlumX Metrics