Constitutional rights protect individuals against government
overreaching, but that is not all they do. In different ways and to
different degrees, constitutional rights also regulate legal relations
among private parties in most legal systems. Rights can have not only
a vertical effect, within the hierarchical relationship between
citizen and state, but also a horizontal one, on the
citizen-to-citizen relationships otherwise governed by private law. In
every constitutional system with judicially enforceable constitutional
rights, courts must make choices about whether, when, and how to give
those rights horizontal effect. This book is about how different
courts make those choices, and about the consequences that they have.
The doctrines that courts build to manage the horizontal effect of
rights speak to the most fundamental issues that constitutional
systems address, about the nature of rights and of constitutionalism
itself. These doctrines can also entrench or enhance judicial power,
but in very different ways depending on the legal system. This book
offers three case studies, of Germany, the United States, and Canada.
For each, it offers a detailed account of the horizontal effect
jurisprudence of its apex court-not in isolation, but as a central
feature of a broader account of that country's constitutional
development. The case studies show how the choices courts make about
horizontal rights reflect existing normative and political realities
and, over time, help to shape new ones.
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Constitutions, Private Law, and Judicial Power
Produktdetaljer
ISBN
9780190682934
Publisert
2020
Utgiver
Vendor
Oxford University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter