Boekhandel Douwes Den Haag

The constitution in private relations

expanding constitutionalism

Renata Uitz & Andras Sajo

The constitution in private relations

The constitution in private relations

expanding constitutionalism

The constitution in private relations

 

The contributors of this volume address various issues pertaining to 'Third Party Effect'. It provides an in-depth analysis of jurisprudence, placing problems in a comparative legal and theoretical perspective.


Geen levertijd bekend

€ 96,60

Informeer voor u besteld of deze titel leverbaar is.


Beschrijving The constitution in private relations

The contributors of this volume address various issues pertaining to 'Third Party Effect'. It provides an in-depth analysis of jurisprudence, placing problems in a comparative legal and theoretical perspective.

According to a classical tenet of constitutionalism the constitution and constitutional law deal with state actors. In the 20th century the concept of 'third party effect' emerged, which has seen constitutional rights and principles apply in private relations as well. This raises various questions, such as what are the jurisprudential and political reasons of this change? Is this concept brought about by the welfare state? What are its practical consequences? Is individual liberty enhanced when the state claims to promote a right? How do such understandings influence the role of constitutional and supreme courts? Are there equivalent doctrines to the third party effect? How does the trend influence government spending and redistribution? How does the US 'state action' doctrine compare with the third party/horizontal effect doctrine familiar in other domestic and international jurisdictions?


ISBN
9789077596135
Pagina's
275
Verschenen
Rubriek
Internationaal Recht
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
Eleven International Publishing