Extending rights' reach : constitutions, private law, and judicial power / Jud Mathews.

Format:

Book

Author/Creator:

Mathews, Jud, author.

Language:

English

Subjects (All):

Civil rights--United States.

Civil rights.

Civil rights--Germany.

Civil rights--Canada.

Civil law--United States.

Civil law.

Civil law--Germany.

Civil law--Canada.

Political questions and judicial power--United States.

Political questions and judicial power.

Political questions and judicial power--Germany.

Political questions and judicial power--Canada.

Physical Description:

1 online resource

Other Title:

Extending Rights' Reach

Place of Publication:

New York, NY : Oxford University Press, 2018.

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.

Contents:

Germany's postwar constitution

Constitutional cascades in the Federal Republic

The American constitution : first and second foundings

State action and constitutional containment

Canada's constitution and courts

Horizontal effect and caboose constitutionalism

Constitutional rights, private law, and judicial power.

Notes:

Previously issued in print: 2018.

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on March 5, 2018).

ISBN:

0-19-068293-0

0-19-068294-9