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Extending Rights' Reach Summary

Extending Rights' Reach: Constitutions, Private Law, and Judicial Power by Jud Mathews (Associate Professor of Law, Associate Professor of Law, Pennsylvania State University School of Law)

Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. 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 how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.

Extending Rights' Reach Reviews

Good works produce and inspire ideas. Extending Rights' Reach meets both these standards. Mathews successfully details the development of horizontal rights practices in national courts in ways that that advance comparative and American public law scholarship. * Mark A. Graber, Perspectives *

About Jud Mathews (Associate Professor of Law, Associate Professor of Law, Pennsylvania State University School of Law)

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.

Table of Contents

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

Additional information

NPB9780190682910
9780190682910
0190682914
Extending Rights' Reach: Constitutions, Private Law, and Judicial Power by Jud Mathews (Associate Professor of Law, Associate Professor of Law, Pennsylvania State University School of Law)
New
Hardback
Oxford University Press Inc
2018-04-19
264
N/A
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