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Introduction
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This chapter introduces readers to the horizontal effect of rights and why it matters. It explains how horizontal effect doctrines define some of the key commitments of the legal systems that produce them. The chapter also introduces the three legal systems that are the subject of the book, Germany, the United States, and Canada, and lays out the basic structure of the case studies. For each, the focus is on three things in particular: a court’s initial moves to apply rights horizontally, the doctrinal structures the court devises to manage the horizontal effect of rights, and the broader consequences these choices have on governance, in interaction with the moves made by other actors and institutions. Applying rights horizontally has the potential to empower courts, but a mix of variables shape the consequences of any such move. The chapter previews the patterns that the case studies reveal.
Title: Introduction
Description:
This chapter introduces readers to the horizontal effect of rights and why it matters.
It explains how horizontal effect doctrines define some of the key commitments of the legal systems that produce them.
The chapter also introduces the three legal systems that are the subject of the book, Germany, the United States, and Canada, and lays out the basic structure of the case studies.
For each, the focus is on three things in particular: a court’s initial moves to apply rights horizontally, the doctrinal structures the court devises to manage the horizontal effect of rights, and the broader consequences these choices have on governance, in interaction with the moves made by other actors and institutions.
Applying rights horizontally has the potential to empower courts, but a mix of variables shape the consequences of any such move.
The chapter previews the patterns that the case studies reveal.
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