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Part II Ideas, Ch.14 Constitutions and the Public/Private Divide

Frank I. Michelman

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 March 2023

Like an ostinato motif, the theme of public/private plays and replays in the constitutional law of many countries. Or does it? No doubt, as we shall see, the figuration recurs in countless doctrinal classifications in constitutional law. But is it truly all the same idea, each repetition the sign of one and the same fixture in constitutional-legal thought and discourse? This chapter begins with a broad-brush survey of the doctrinal play of public/private in constitutional law. It then turns to the question of a public/private ‘ghost’ presiding from behind the...
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