Horizontal Rights is popular PDF and ePub book, written by Gautam Bhatia in 2023-08-24, it is a fantastic choice for those who relish reading online the Law genre. Let's immerse ourselves in this engaging Law book by exploring the summary and details provided below. Remember, Horizontal Rights can be Read Online from any device for your convenience.

Horizontal Rights Book PDF Summary

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.

Detail Book of Horizontal Rights PDF

Horizontal Rights
  • Author : Gautam Bhatia
  • Release : 24 August 2023
  • Publisher : Bloomsbury Publishing
  • ISBN : 9781509967629
  • Genre : Law
  • Total Page : 287 pages
  • Language : English
  • PDF File Size : 18,6 Mb

If you're still pondering over how to secure a PDF or EPUB version of the book Horizontal Rights by Gautam Bhatia, don't worry! All you have to do is click the 'Get Book' buttons below to kick off your Download or Read Online journey. Just a friendly reminder: we don't upload or host the files ourselves.

Get Book

Horizontal Rights

Horizontal Rights Author : Gautam Bhatia
Publisher : Bloomsbury Publishing
File Size : 51,9 Mb
Get Book
This book provides a new conceptual model for considering constitutional rights from a comparative p...

Fundamental Rights Challenges

Fundamental Rights Challenges Author : Cristina Izquierdo-Sans,Carmen Martínez-Capdevila,Magdalena Nogueira-Guastavino
Publisher : Springer Nature
File Size : 21,6 Mb
Get Book
This book presents a comprehensive review of fundamental rights issues that are currently in the spo...

The Horizontal Society

The Horizontal Society Author : Lawrence Meir Friedman
Publisher : Yale University Press
File Size : 24,8 Mb
Get Book
This book argues that modern technology has radically and irretrievably altered our sense of identit...

Human Rights and Private Law

Human Rights and Private Law Author : Katja S Ziegler
Publisher : Bloomsbury Publishing
File Size : 42,8 Mb
Get Book
Privacy today is much debated as an individual's right against real or feared intrusions by the stat...

Hiking the Horizontal

Hiking the Horizontal Author : Liz Lerman
Publisher : Wesleyan University Press
File Size : 17,8 Mb
Get Book
The unique career of choreographer Liz Lerman has taken her from theater stages to shipyards, and fr...

Human Rights and Private Law

Human Rights and Private Law Author : Katja S Ziegler
Publisher : Bloomsbury Publishing
File Size : 8,6 Mb
Get Book
Privacy today is much debated as an individual's right against real or feared intrusions by the stat...

The Twilight of Constitutionalism

The Twilight of Constitutionalism Author : Petra Dobner,Martin Loughlin
Publisher : OUP Oxford
File Size : 9,6 Mb
Get Book
The concepts and values that underpin traditional constitutionalism are increasingly being challenge...