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  3. Constitutionalizing the Private Sphere
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  • Publisher:
    Cambridge University Press
    Publication date:
    January 2025
    February 2025
    ISBN:
    9781009293723
    9781009293730
    9781009293709
    DOI:
    https://doi.org/10.1017/9781009293723
    Dimensions:
    (229 x 152 mm)
    Weight & Pages:
    0.61kg, 320 Pages
    Dimensions:
    (229 x 152 mm)
    Weight & Pages:
    0.25kg, 320 Pages
    • Subjects:
    Constitutional and Administrative Law, Law, Private Law, Jurisprudence
    Series:
    Cambridge Studies in Constitutional Law
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    Subjects:
    Constitutional and Administrative Law, Law, Private Law, Jurisprudence
    Series:
    Cambridge Studies in Constitutional Law
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    Book description

    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.

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