The Indian Yearbook Of Comparative Law 2020

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The Indian Yearbook of Comparative Law 2020

Author : Mathew John
Publisher : Springer Nature
ISBN 13 : 9819954673
Total Pages : 293 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2020 by : Mathew John

Download or read book The Indian Yearbook of Comparative Law 2020 written by Mathew John and published by Springer Nature. This book was released on 2023-12-02 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the ’stranger’ in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.

The Indian Yearbook of Comparative Law 2019

Author : Mathew John
Publisher : Springer Nature
ISBN 13 : 9811621756
Total Pages : 371 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2019 by : Mathew John

Download or read book The Indian Yearbook of Comparative Law 2019 written by Mathew John and published by Springer Nature. This book was released on 2021-07-28 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.

Environmental Constitutionalism in the Anthropocene

Author : Domenico Amirante
Publisher : Routledge
ISBN 13 : 1000567427
Total Pages : 285 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Environmental Constitutionalism in the Anthropocene by : Domenico Amirante

Download or read book Environmental Constitutionalism in the Anthropocene written by Domenico Amirante and published by Routledge. This book was released on 2022-04-03 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as Culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of law, environmental studies and anthropology.

The Indian Yearbook of Comparative Law 2018

Author : Mahendra Pal Singh
Publisher : Springer
ISBN 13 : 9811370524
Total Pages : 400 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2018 by : Mahendra Pal Singh

Download or read book The Indian Yearbook of Comparative Law 2018 written by Mahendra Pal Singh and published by Springer. This book was released on 2019-07-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

Climate Constitutionalism Momentum

Author : Pasquale Viola
Publisher : Springer Nature
ISBN 13 : 3030973360
Total Pages : 140 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Climate Constitutionalism Momentum by : Pasquale Viola

Download or read book Climate Constitutionalism Momentum written by Pasquale Viola and published by Springer Nature. This book was released on 2022-03-29 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: While civil society and social movements claim for more effective measures to cope with anthropogenic climate change, legal scholars are witnessing the “aurora” of climate change law. What is quite relevant in this double-process of recognition/establishment is the interdisciplinary nature of such a field of studies, which goes beyond formalistic legal aspects. Based on the need to rethink legal paradigms, “Climate Constitutionalism Momentum: Adaptive Legal Systems” deals with three major means to combat anthropogenic climate change—namely science, politics and law—further addressing the thesis regarding a supposed adaptiveness of legal systems and proposing new pathways for further inquiries on the current climate constitutionalism momentum. The book introduces the international efforts in acknowledging the need for concrete measures to achieve ambitious results, addressing the comparative public law debate, merging theoretical appraisals and quantitative insights under a top-down approach and a civil-law methodology. Furthermore, the book combines theoretical and empirical viewpoints in reference to climate justice and litigation. The last part of the argumentative pattern merges the aforementioned key elements and grounds of investigation, providing an overall account of the current climate constitutionalism momentum. Academic researchers are the book’s primary audience, but it is also targeted for undergraduate and postgraduate students of specific courses. For the numerous insights and the contemporary relevance of the topic, the book is also addressed to political stakeholders and legal practitioners. Given the transnational development of this area of law, the expected audience of the book is global.

Treatment of Foreign Law in Asia

Author : Kazuaki Nishioka
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956565
Total Pages : 482 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Treatment of Foreign Law in Asia by : Kazuaki Nishioka

Download or read book Treatment of Foreign Law in Asia written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.

The Indian Yearbook of Comparative Law 2019

Author : Mathew John
Publisher :
ISBN 13 : 9789811621765
Total Pages : 0 pages
Book Rating : 4.6/5 (217 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2019 by : Mathew John

Download or read book The Indian Yearbook of Comparative Law 2019 written by Mathew John and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.

Animal Sacrifice, Religion and Law in South Asia

Author : Daniela Berti
Publisher : Taylor & Francis
ISBN 13 : 1000930106
Total Pages : 314 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Animal Sacrifice, Religion and Law in South Asia by : Daniela Berti

Download or read book Animal Sacrifice, Religion and Law in South Asia written by Daniela Berti and published by Taylor & Francis. This book was released on 2023-07-13 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents original research on the controversies surrounding animal sacrifice in South Asia through the lens of court cases. It focuses on the parties involved in these cases: on their discourses, motivations, and contrasting points of view. Through an examination of judicial files, court decisions and newspaper articles, and interviews with protagonists, the book explores how the question of animal sacrifice is dealt with through administrative, legislative, and judicial practice. It outlines how, although animal sacrifice has over the ages been contested by various religious reform movements, the practice has remained widespread at all levels of society, especially in certain regions. It reveals that far from merely being a religious and ritual question, animal sacrifice has become a focus of broader public debate, and it discusses how the controversies highlight the contrast between ‘traditional’ and ‘reformist’ understandings of Hinduism; the conflict between the core legal and moral principles of religious freedom and social progress; and the growing concern with environmental issues and animal rights. The Introduction, Chapter 1, Chapter 2, and Chapter 7 of this book are available for free in PDF format as Open Access from the individual product page at www.taylorfrancis.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International license. Funded by Centre National de la Recherche Scientific.

Social Enterprises in Asia

Author : Ernest Lim
Publisher : Cambridge University Press
ISBN 13 : 1108838154
Total Pages : 215 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Social Enterprises in Asia by : Ernest Lim

Download or read book Social Enterprises in Asia written by Ernest Lim and published by Cambridge University Press. This book was released on 2023-02-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advances a comprehensive and viable legal form for social enterprises in Asia; invaluable book for scholars, policymakers, regulators and NGOs.

An Environmental Court in Action

Author : Elizabeth C Fisher
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941053
Total Pages : 357 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis An Environmental Court in Action by : Elizabeth C Fisher

Download or read book An Environmental Court in Action written by Elizabeth C Fisher and published by Bloomsbury Publishing. This book was released on 2022-07-28 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical assessment of the New South Wales Land and Environmental Court (NSWLEC). Effective adjudication has become a key consideration for environmental lawyers. One of the most important questions is whether environmental law frameworks need their own courts, with the conclusion being: yes they do. Here, a pioneer of such a court, the NSWLEC is forensically examined to see what it might teach other such courts. Showing a court 'in action' it suggests models that practitioners and policy makers might follow. It also speaks to the environmental law scholars, setting out a conceptual framework for studying such courts as legal institutions. This multi-faceted collection is invaluable to scholars and practitioners alike.

The Democratic Republic of the Congo, Broken State, Collapse of Law, Human Rights Violations, Veil of Injustice and Constitutional Smokescreens—A Case Study in State Failure:

Download The Democratic Republic of the Congo, Broken State, Collapse of Law, Human Rights Violations, Veil of Injustice and Constitutional Smokescreens—A Case Study in State Failure: PDF Online Free

Author : Felix Kaputu
Publisher : Xlibris Corporation
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (694 download)

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Book Synopsis The Democratic Republic of the Congo, Broken State, Collapse of Law, Human Rights Violations, Veil of Injustice and Constitutional Smokescreens—A Case Study in State Failure: by : Felix Kaputu

Download or read book The Democratic Republic of the Congo, Broken State, Collapse of Law, Human Rights Violations, Veil of Injustice and Constitutional Smokescreens—A Case Study in State Failure: written by Felix Kaputu and published by Xlibris Corporation. This book was released on 2024-07-25 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over twenty-five years, the Democratic Republic of the Congo has been depicted by the media as a nation in turmoil. Armed militias and armies ravage villages, stealing crops and minerals, while proxy wars displace countless citizens. Political violence, corruption, and social insecurity plague the nation, leading to a humanitarian crisis where fundamental human rights are routinely violated. This book delves into the harrowing realities of life in Congo, where public education and healthcare are in shambles, and most people live on less than two dollars a day. Amidst this, political leaders enjoy exorbitant salaries while public servants endure poverty. This empirical research critically examines the gap between the constitutional provisions of human rights and their implementation, presenting stark indicators of a failed state. By analyzing the human rights situation from the Universal Declaration of Human Rights to the current state Constitution, the book reveals the Congo’s descent into chaos and calls for accountability for its violations.

The Life and Death of States

Author : Natasha Wheatley
Publisher : Princeton University Press
ISBN 13 : 0691244081
Total Pages : 424 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Life and Death of States by : Natasha Wheatley

Download or read book The Life and Death of States written by Natasha Wheatley and published by Princeton University Press. This book was released on 2023-06-13 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intellectual history of sovereignty that reveals how the Habsburg Empire became a crucible for our contemporary world order Sprawled across the heartlands of Europe, the Habsburg Empire resisted all the standard theories of singular sovereignty. The 1848 revolutions sparked decades of heady constitutional experimentation that pushed the very concept of “the state” to its limits. This intricate multinational polity became a hothouse for public law and legal philosophy and spawned ideas that still shape our understanding of the sovereign state today. The Life and Death of States traces the history of sovereignty over one hundred tumultuous years, explaining how a regime of nation-states theoretically equal under international law emerged from the ashes of a dynastic empire. Natasha Wheatley shows how a new sort of experimentation began when the First World War brought the Habsburg Empire crashing down: the making of new states. Habsburg lands then became a laboratory for postimperial sovereignty and a new international order, and the results would echo through global debates about decolonization for decades to come. Wheatley explores how the Central European experience opens a unique perspective on a pivotal legal fiction—the supposed juridical immortality of states. A sweeping work of intellectual history, The Life and Death of States offers a penetrating and original analysis of the relationship between sovereignty and time, illustrating how the many deaths and precarious lives of the region’s states expose the tension between the law’s need for continuity and history’s volatility.

The Legitimacy of Use of Force in Public and Islamic International Law

Author : Mohammad Z. Sabuj
Publisher : Springer Nature
ISBN 13 : 3030772985
Total Pages : 181 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis The Legitimacy of Use of Force in Public and Islamic International Law by : Mohammad Z. Sabuj

Download or read book The Legitimacy of Use of Force in Public and Islamic International Law written by Mohammad Z. Sabuj and published by Springer Nature. This book was released on 2021-06-22 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.

Developments and Directions in Intellectual Property Law

Author : Hayleigh Bosher
Publisher : Oxford University Press
ISBN 13 : 0192679678
Total Pages : 753 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Developments and Directions in Intellectual Property Law by : Hayleigh Bosher

Download or read book Developments and Directions in Intellectual Property Law written by Hayleigh Bosher and published by Oxford University Press. This book was released on 2023-05-24 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.

Direct Jurisdiction

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936440
Total Pages : 441 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Direct Jurisdiction by : Anselmo Reyes

Download or read book Direct Jurisdiction written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.

The Indian Yearbook of Comparative Law 2016

Author : Mahendra Pal Singh
Publisher :
ISBN 13 : 9780199482139
Total Pages : 526 pages
Book Rating : 4.4/5 (821 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2016 by : Mahendra Pal Singh

Download or read book The Indian Yearbook of Comparative Law 2016 written by Mahendra Pal Singh and published by . This book was released on 2017 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Horizontal Rights

Author : Gautam Bhatia
Publisher : Bloomsbury Publishing
ISBN 13 : 150996763X
Total Pages : 281 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Horizontal Rights by : Gautam Bhatia

Download or read book Horizontal Rights written by Gautam Bhatia and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.