Constitutionalizing the Private Sphere

A Comparative Inquiry

Christina R. Bambrick (University of Notre Dame, Indiana)

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English

Cambridge University Press
06 February 2025

Law; Private & Civil law: general works; Constitutional & administrative law

Series: Cambridge Studies in Constitutional Law

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.

By: Christina R. Bambrick (University of Notre Dame Indiana)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781009293730
ISBN 10: 1009293737
Series: Cambridge Studies in Constitutional Law
Pages: 320
Publication Date: 06 February 2025
Audience: College/higher education , Further / Higher Education
Format: Paperback
Publisher's Status: Active

Christina Bambrick is an Assistant Professor of Political Science at the University of Notre Dame. She studies constitutional theory and comparative constitutionalism. She previously taught at Clemson University and holds a Ph.D. from the University of Texas at Austin.