From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 12 November 2024
- Subject(s):
- Constitutions and international law — Principles and objectives of constitutions
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani
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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