Constitutionalizing the Private Sphere: A Comparative Inquiry (Cambridge Studies in Constitutional Law) - Hardcover

Bambrick, Christina R.

Hardcover

ISBN 10: 1009293737 ISBN 13: 9781009293730

Publisher: Cambridge University Press, 2025

Synopsis

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. This title is also available as open access on Cambridge Core.

About this title

About the Author

Christina Bambrick is an Assistant Professor of Political Science at the University of Notre Dame. She studies constitutional theory and comparative constitutionalism. She previously taught at Clemson University and holds a Ph.D. from the University of Texas at Austin.

From the Back Cover

"A triumph in the best traditions of public law, this trailblazing analysis of horizontality breaks new ground in constitutional studies. Using a winning blend of cases, comparisons, history, and theory, Bambrick shows that republican political theory holds the key to an enduring question in constitutionalism: should constitutional rights apply against public actors alone? Superb!" Richard Albert, The University of Texas at Austin

"Professor Bambrick makes a spirited case for closer attention to an approach to constitutionalism where private actors have duties to uphold the constitutional rights of others. Her analysis of the possible risks and benefits, with examples from the U.S., India, Germany, South Africa, and the European Union makes Constitutionalizing the Private Sphere as fascinating as it is instructive." Mary Ann Glendon, Harvard University

"Christina Bambrick has produced an extraordinary book exploring the emergence and practice of horizontality in twentieth century constitutionalism and beyond. This book exemplifies the value of comparative constitutionalism in its ability to explicate and further our understanding of the emergence and application of new constitutional phenomena, here the horizontal application of rights and duties in different social and historical contexts. Not only does Bambrick offer a unique philosophical approach to horizontality — suggesting a republican correction to liberalism — but she also demonstrates a unique comparative approach by exploring the underlying historical conditions that push constitution-makers and courts to adopt horizontality in its different forms." Heinz Klug, University of Wisconsin

Edition details

• Publisher: Cambridge University Press
• Publication date: 2025
• Language: English
• ISBN 10: 1009293737
• ISBN 13: 9781009293730
• Binding: Hardcover
• Number of pages: 320