n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Contractual autonomy, legislative intervention and recruitment in employment : what remains?

Volume 18, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Extracted from text ... 355 (c) 2006. All rights reserved. Cite as: (2006) 18 SA Merc LJ 355-367. Contractual Autonomy, Legislative Intervention and Recruitment in Employment: What Remains? MI VAN JAARSVELD* University of South Africa 1 Introduction A few years ago Cameron JA considered the role of contractual freedom in a South African society where all legal principles, including those of the common law of contract, are subject to constitutional control.1 His Lordship observed: '[C]ontractual autonomy is part of freedom. Shorn of its obscene excesses, contractual autonomy informs also the constitutional value of dignity.'2 Cameron JA explained that our courts have for years considered ..

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