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Constitutionalizing the Private Sphere: A Comparative Inquiry

New Arrival Constitutionalizing the Private Sphere: A Comparative Inquiry

Constitutionalizing the Private Sphere: A Comparative Inquiry

作者： Christina R. Bambrick
出版商： Cambridge University Press
ISBN: 9781009293730
出版时间 December 2024
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: S$221.00

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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.
1. Introduction
2. A republican vein in liberal constitutionalism

Part I. Equality:
3. The United States: equality along the public-private divide
4. India: citizens' duties in aspiring to equality

Part II. Transformation:
5. Germany: new tensions amid radiating values
6. South Africa: toward societal transformation
7. The European union: republicanism in supranational context
8. Conclusion

Bibliography
Index.

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