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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