| Description |
1 online resource (x, 250 pages) |
| Contents |
Introduction -- Germany's postwar constitution -- Constitutional cascades in the Federal Republic -- The American constitution : first and second foundings -- State action and constitutional containment -- Canada's constitution and courts -- Horizontal effect and caboose constitutionalism -- Constitutional rights, private law, and judicial power |
| Summary |
Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. In other words, rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This text is about how different courts make those choices, and about the consequences that they have |
| Notes |
Based on the author's thesis (doctoral - Yale University, Dept. of Political Sciences, 2015) issued under title: Constitutional rights, private law, and judicial power |
| Bibliography |
Includes bibliographical references (pages 221-234) and index |
| Notes |
Online resource; title from front matter (University press scholarship online, viewed April 25, 2018) |
| Subject |
Civil rights -- United States.
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Civil rights -- Germany
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Civil rights -- Canada
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Civil law -- United States
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Civil law -- Germany
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Civil law -- Canada
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Political questions and judicial power -- United States
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Political questions and judicial power -- Germany
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Political questions and judicial power -- Canada
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LAW -- Constitutional.
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LAW -- Public.
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Civil law.
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Civil rights.
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Constitutional law.
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Political questions and judicial power.
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Canada.
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Germany.
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United States of America.
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Civil and political rights.
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Judicial power.
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Private law.
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Constitutionalism.
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Comparative law.
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Canada.
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Germany.
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United States.
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| Form |
Electronic book
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| ISBN |
0190682949 |
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9780190682941 |
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9780190682927 |
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0190682922 |
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9780190682934 |
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0190682930 |
|
