000			03322cam a22003618i 4500
001			23018106
005			20250919133842.0
008			230314s2023 enk b 001 0 eng
010			_a 2023012035
020			_a9781509967650 _q(paperback)
035			_a23018106
040			_aDLC _beng _erda _cDLC
042			_apcc
082	0	0	_a341.48 _223/eng/20230522
100	1		_aBhatia, Gautam, _d1988- _eauthor.
245	1	0	_aHorizontal rights : _ban institutional approach / _cGautam Bhatia.
263			_a2308
264		1	_aOxford ; _aNew York : _bHart, _c2023.
300			_axviii, 262 pages _c22 cm
336			_atext _btxt _2rdacontent
337			_aunmediated _bn _2rdamedia
338			_avolume _bnc _2rdacarrier
365			_bRs.5069.00
500			_aBased on author's thesis (doctoral - University of Oxford, 2021).
504			_aIncludes bibliographical references and index.
505	0		_aThe default vertical approach -- State action -- Indirect and direct horizontality -- Two models of bounded horizontality -- The institutional approach -- Application I : platform work -- Application II : domestic relationships and unpaid labour -- The prospects of the institutional approach.
520			_a"This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A powerful, privately-owned television channel refuses to air an advertisement advocating equal rights for the LGBT community. 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"-- _cProvided by publisher.
650		0	_aHuman rights _xPhilosophy.
650		0	_aConstitutional law.
906			_a7 _bcbc _corignew _d1 _eecip _f20 _gy-gencatlg
942			_2ddc _cBK
999			_c213828 _d213828