Constitutionalizing the Private Sphere
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- Publisher:
- Cambridge University Press
- Publication date:
- 23 January 2025
- 06 February 2025
- ISBN:
- 9781009293723
- 9781009293730
- 9781009293709
- Open access funder:
- University of Notre Dame
- Creative Commons:
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This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0.
https://creativecommons.org/creativelicenses - Dimensions:
- (229 x 152 mm)
- Weight & Pages:
- 0.61kg, 320 Pages
- Dimensions:
- (229 x 152 mm)
- Weight & Pages:
- 0.465kg, 320 Pages
Open AccessYou have digital access to this book- Subjects:
- Constitutional and Administrative Law, Law, Private Law, Jurisprudence
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Book description
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. This title is also available as open access on Cambridge Core.
Reviews
‘The book is undoubtedly an important contribution. Bambrick draws well-deserved attention to a phenomenon that many scholars have observed but few have systematically theorized. In doing so, she opens new pathways for research on employer obligations, business regulation, private ordering, and constitutional design.’
Mila Versteeg Source: Political Science Quarterly
Contents
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Constitutionalizing the Private Sphere
pp i-i -
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Cambridge Studies in Constitutional Law - Series page
pp ii-iv -
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Constitutionalizing the Private Sphere - Title page
pp v-v - A Comparative Inquiry
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Copyright page
pp vi-vi -
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Dedication
pp vii-viii -
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Contents
pp ix-ix -
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Acknowledgments
pp x-xii -
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1 - Introduction
pp 1-15 -
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2 - A Republican Vein in Liberal Constitutionalism
pp 16-58 -
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Equality
pp 59-142 - Does the Constitution Apply Horizontally?
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3 - The United States
pp 63-100 - Equality Along the Public–Private Divide
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4 - India
pp 101-142 - Citizens’ Duties in Aspiring to Equality
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Transformation
pp 143-278 - How Far Does the Constitution Apply Horizontally?
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5 - Germany
pp 148-187 - New Tensions Amid Radiating Values
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6 - South Africa
pp 188-242 - Toward Societal Transformation
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7 - The European Union
pp 243-270 - Republicanism in Supranational Context
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8 - Conclusion
pp 271-278 -
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Bibliography
pp 279-294 -
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Index
pp 295-306 -
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