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

Format:

Book

Author/Creator:

Bambrick, Christina R, author.

Series:

Cambridge studies in constitutional law.

Cambridge studies in constitutional law

Language:

English

Subjects (All):

Constitutional law--Philosophy.

Constitutional law.

Civil rights--Philosophy.

Civil rights.

Equality before the law--Philosophy.

Equality before the law.

Republicanism--Philosophy.

Republicanism.

Social change--Philosophy.

Social change.

Local government.

Civil society.

Physical Description:

1 online resource (xi, 306 pages) : digital, PDF file(s).

Edition:

First edition.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024.

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.

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.

Notes:

Title from publisher's bibliographic system (viewed on 23 Jan 2025).

Includes bibliographical references and index.

ISBN:

9781009293747

1009293745

9781009293716

1009293710

9781009293723

1009293729