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2 results

Constitutionalizing the Private Sphere
  • A Comparative Inquiry
  • Christina R. Bambrick
  • Coming soon
  • Expected online publication date:
    September 2024
    Print publication:
    30 September 2024
  • 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.

  • 26 - Conclusion

  • from Part IV - Emerging Trends
  • Edited by Ran Hirschl, University of Toronto, Yaniv Roznai, Reichman University, Israel
  • Book:
    Deciphering the Genome of Constitutionalism
    Published online:
    14 March 2024
    Print publication:
    21 March 2024, pp 345-356

  • Summary

    In this concluding chapter, we identify two potent contributions of the concept of constitutional identity, underscoring and exploring its relationship with the associated ideas of disharmony and difference. We first discuss the relationship between constitutional identity and constitutional development, before turning to lessons that the concept of constitutional identity offers both scholars and practitioners. Against this background, we then identify three promising areas for future scholarly reflection and briefly sketch the first steps of a research agenda oriented towards carrying forward the project limned in this volume. Inspired by the analytic purpose underlying the concept of constitutional identity, our comments in this section are intended to be less prescriptive than interpretive. The scholarly futures we discuss emerge as much from the political world in which constitutional governance must now proceed as from the progress that scholars have made towards understanding the aspirations of that enterprise.