Extending Rights' Reach Constitutions, Private Law, and Judicial Power |
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Author:
| Mathews, Jud |
ISBN: | 978-0-19-068291-0 |
Publication Date: | Apr 2018 |
Publisher: | Oxford University Press, Incorporated
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Book Format: | Hardback |
List Price: | USD $135.00 |
Book Description:
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Constitutional rights protect individuals "vertically" against government overreach, but may also regulate legal relations "horizontally" among private parties in most legal systems. 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 those choices and their consequences. It offers three case studies, of Germany, the United States, and Canada,...
More DescriptionConstitutional rights protect individuals "vertically" against government overreach, but may also regulate legal relations "horizontally" among private parties in most legal systems. 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 those choices and their consequences. It offers three case studies, of Germany, the United States, and Canada, showing how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.