Constitutionalizing the Private Sphere: A Comparative Inquiry

Christina R. Bambrick

doi:10.1017/9781009293723

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.

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Contents

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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Constitutionalizing the Private Sphere

A Comparative Inquiry

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Contents

Constitutionalizing the Private Sphere
pp i-i

Cambridge Studies in Constitutional Law - Series page
pp ii-iv

Constitutionalizing the Private Sphere - Title page
pp v-v

Copyright page
pp vi-vi

Dedication
pp vii-viii

Contents
pp ix-ix

Acknowledgments
pp x-xii

1 - Introduction
pp 1-15

2 - A Republican Vein in Liberal Constitutionalism
pp 16-58

Equality
pp 59-142

3 - The United States
pp 63-100

4 - India
pp 101-142

Transformation
pp 143-278

5 - Germany
pp 148-187

6 - South Africa
pp 188-242

7 - The European Union
pp 243-270

8 - Conclusion
pp 271-278

Bibliography
pp 279-294

Index
pp 295-306

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Constitutionalizing the Private Sphere

A Comparative Inquiry

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