Horizontal Rights: An Institutional Approach

Gautam Bhatia

This book argues that contemporary constitutionalism is characterised by a ‘default vertical’ approach to constitutional rights. ‘Default verticality’ means that while horizontal constitutional rights are not unknown, their existence and application are exceptional and in need of special justification. Taking a 2-part approach, it firstly develops the theoretical and conceptual articulation of the institutional approach. The second half of the book applies it to two scenarios: the legal regulation of platform work, and of domestic relationships. Global in scope, it draws on examples from the common law world, the United States, and South Africa.

Gautam Bhatia is a constitutional lawyer and scholar of comparative constitutional law. He lives and works in New Delhi, India.

Aug 2023 | 9781509967612 | 280pp | Hbk | RRP: £85

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