Do private actors have constitutional duties? While traditionally only government actors are responsible for upholding constitutional rights, courts and constitution-makers increasingly do assign constitutional duties to private actors as well. Therefore, a landlord may have constitutional duties to their tenants, and a sports club may even have duties to its fans. This book argues that this phenomenon of applying rights 'horizontally' can be understood through the lens of republican political theory. Themes echoing such concepts as the common good and civic duty from republican thought recur in discourses surrounding horizontal application. Bambrick traces republican themes in debates from the United States, India, Germany, South Africa, and the European Union. While these contexts have vastly different histories and aspirations, constitutional actors in each place have considered the horizontal application of rights and, in doing so, have made republican arguments.
| ISBN: | 9781009293730 |
| Publication date: | 31st December 2024 |
| Author: | Christina R Bambrick |
| Publisher: | Cambridge University Press |
| Format: | Hardback |
| Pagination: | 296 pages |
| Series: | Cambridge Studies in Constitutional Law |
| Genres: |
Constitutional and administrative law: general Private or civil law: general |
Do private actors have constitutional duties? While traditionally only government actors are responsible for upholding constitutional rights, courts and constitution-makers increasingly do assign constitutional duties to private actors as well. Therefore, a landlord may have constitutional duties to their tenants, and a sports club may even have duties to its fans. This book argues that this phenomenon of applying rights 'horizontally' can be understood through the lens of republican political theory. Themes echoing such concepts as the common good and civic duty from republican thought recur in discourses surrounding horizontal application. Bambrick traces republican themes in debates from the United States, India, Germany, South Africa, and the European Union. While these contexts have vastly different histories and aspirations, constitutional actors in each place have considered the horizontal application of rights and, in doing so, have made republican arguments.
Constitutionalizing the Private Sphere features in the following genres: Constitutional and administrative law: general, Private or civil law: general
Constitutionalizing the Private Sphere is available in Paperback, Hardback
Constitutionalizing the Private Sphere was written by Christina R Bambrick and published by Cambridge University Press
Constitutionalizing the Private Sphere has 296 pages
Yes it is part of Cambridge Studies in Constitutional Law series