OXFORD UNIVERSITY PRESS

Extending Rights' Reach: Constitutions, Private Law, and Judicial Power

ISBN : 9780190682910

Price(incl.tax): 
¥13,860
Author: 
Jud Mathews
Pages
248 Pages
Format
Hardcover
Size
163 x 238 mm
Pub date
Apr 2018
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Constitutional rights protect individuals vertically against government overreach, but may also regulate legal relations horizontally among private parties in most legal systems. 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 book is about those choices and their consequences. It offers three case studies, of Germany, the United States, and Canada, showing how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.

Index: 

Acknowledgments
Chapter One: Introduction
Chapter Two: Germany's Postwar Constitution
Chapter Three: Constitutional Cascades in the Federal Republic
Chapter Four: The American Constitution: First and Second Foundings
Chapter Five: State Action and Constitutional Containment
Chapter Six: Canada's Constitution and Courts
Chapter Seven: Horizontal Effect and Caboose Constitutionalism
Chapter Eight: Constitutional Rights, Private Law, and Judicial Power
Bibliography
Index

About the author: 

Jud Mathews is an Associate Professor of Law at Penn State Law and an Affiliate Professor at Penn State's School of International Affairs. He holds a J.D. from Yale Law School and a Ph.D. in political science from Yale University. This book is based on his dissertation, which received the 2016 Edward S. Corwin Prize from the American Political Science Association.

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