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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Horizontal Application

Christopher Unseld

Subject(s):
Constitutions and international law — Principles and objectives of constitutions

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Horizontal application of constitutional provisions, and especially of fundamental rights , is a notorious problem in comparative constitutional law. It deals with the question of whether one can invoke constitutional norms directly or indirectly between private parties of a legal dispute. 2. Horizontal application is about binding private parties to constitutional requirements. In contrast, the conventional function of constitutions is based on the idea of guaranteeing rights to citizens (below) against the branches of government (above) by limiting the...
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