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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Horizontal Rights - An Institutional Approach (Hardcover)
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Horizontal Rights - An Institutional Approach (Hardcover)
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This book provides a new conceptual model for considering
constitutional rights from a comparative perspective. A prestigious
club bars women from standing for executive positions. A homeowner
refuses to rent their house to a person on grounds of their race.
Each of these real-life cases involves the exercise of private
power, which deprives individuals of their rights. Can these
individuals invoke the Constitution in response? Horizontal Rights:
An Institutional Approach brings a fresh perspective to these
age-old, yet fraught issues. This book argues that constitutional
scholarship and doctrine, across jurisdictions, has proceeded from
an inarticulate premise called ‘default verticality.’ This is
based on a set of underlying philosophical assumptions, which
presumes that constitutional rights are presumptively applicable
against the State, and need special justification to be applied
against private parties. Departing from default verticality and its
assumptions, this book argues that constitutional rights should
apply horizontally between private parties where the existence of
an economic, social, or cultural institution creates a difference
in power between the parties, and allows one to violate the rights
of the other. The institutional approach aims to be both
theoretically convincing, as well as a providing a workable model
for constitutional adjudication. It applies both to classic issues
such as restrictive covenants, as well as cutting-edge contemporary
legal problems around the regulation of platform work and the
distribution of property upon divorce. This promises to be an
exciting new contribution to the global conversation around
constitutional rights and private power.
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