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Constitutionalizing the private sphere : a comparative inquiry / Christina R Bambrick, University of Notre Dame.

By: Material type: TextSeries: Cambridge studies in constitutional lawPublisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024Description: 1 online resource (xi, 306 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781009293723 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 342.08/501 23/eng/20240409
LOC classification:
  • K3240 .B3595 2024
Online resources:
Contents:
A Republican vein in liberal constitutionalism -- The United States : Equality along the public-private divide -- India : citizens' duties in aspiring to equality -- Germany : new tensions amid radiating values -- South Africa : toward societal transformation -- The European Union : republicanism in supranational context.
Summary: 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.
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Title from publisher's bibliographic system (viewed on 23 Jan 2025).

A Republican vein in liberal constitutionalism -- The United States : Equality along the public-private divide -- India : citizens' duties in aspiring to equality -- Germany : new tensions amid radiating values -- South Africa : toward societal transformation -- The European Union : republicanism in supranational context.

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.

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