Name: Extending Rights' Reach: Constitutions, Private Law, and Judicial Power
Price: 3880.00 TWD
Availability: InStock
Author: Jud Mathews
ISBN: 9780190682910

portada Extending Rights' Reach: Constitutions, Private Law, and Judicial Power

Extending Rights' Reach: Constitutions, Private Law, and Judicial Power

Type

Physical Book

Publisher

Oup Usa

Author

Jud Mathews

Year

2018

Language

English

Pages

264

Format

Hardcover

ISBN13

9780190682910

Synopsis "Extending Rights' Reach: Constitutions, Private Law, and Judicial Power "

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. 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 book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.

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Extending Rights' Reach: Constitutions, Private Law, and Judicial Power - Jud Mathews

Synopsis "Extending Rights' Reach: Constitutions, Private Law, and Judicial Power "

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