Extending rights' reach constitutions, private law, and judicial power

By:

Mathews, Jud

Material type: Text

TextPublication details: 2018 London Oxford University Press Description: 1 online resourceISBN:

9780190682941

Subject(s):

Additional physical formats: Print version :: No titleDDC classification:

342.085 23

LOC classification:

K3240 .M3778 2018

Online resources:

Oxford scholarship online

Summary: 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. In other words, 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 text is about how different courts make those choices, and about the consequences that they have.

Item type:

Electronic-Books

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Item type	Home library	Collection	Call number	Status	Date due	Barcode
Electronic-Books	OPJGU Sonepat- Campus	E-Books Perpetual	342.085 MA-E (Browse shelf(Opens below))	Available		700376

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Previous	342.085 AN-C Constitutional rights after globalization	342.085 FO-A Accountability of armed groups under human rights law	342.085 FU- Future of economic and social rights	342.085 MA-E Extending rights' reach constitutions, private law, and judicial power	342.085 SE- Security and human rights	342.085 VA-D Damages and human rights	342.0852 AH-R Religious freedom under the personal law system	Next

Previously issued in print: 2018.

Includes bibliographical references and index.

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. In other words, 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 text is about how different courts make those choices, and about the consequences that they have.

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