eBook - ePub

Horizontal Rights

Name: Horizontal Rights
ISBN: 9781509967629

An Institutional Approach

Gautam Bhatia,

280 pages
English
ePUB (mobile friendly)
Available on iOS & Android

eBook - ePub

Horizontal Rights

An Institutional Approach

Gautam Bhatia,

About this book

This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.

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Yes, you can access Horizontal Rights by Gautam Bhatia in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.