The Horizontal Effect Revolution and the Question of Sovereignty
Author： Walt Johan van der
Publisher： De Gruyter
Publication year： 2014
E-ISBN: 9783110391701
P-ISBN(Paperback): 9783110248029
Subject：
Keyword： 法律
Language： ENG
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Description
That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue is the collapsing of the traditional boundaries between constitutional law and private law that the European Court of Human Rights has brought about with a series of decisions on the "horizontal" application of Convention rights in the private sphere. This book will take issue with the various debates and literature in this field. It will analyse the most prominent concerns raised and positions taken in the debates and respond to them with a consistent theory of "horizontal application".