TY - JOUR
T1 - Human rights in the private sphere
T2 - Corporations first
AU - Bukspan, Eli
AU - Kasher, Asa
N1 - Publisher Copyright:
© 2019 University of Pennsylvania Law School. All rights reserved.
PY - 2019
Y1 - 2019
N2 - The purpose of the article is to establish and theoretically justify a new "constitutional mindset" for a direct application of constitutional human rights in the private sector, based on moral arguments that are reinforced and illustrated by today's democratic and social reality. Generally, constitutional human rights are viewed as part of public law and are to be applied in private law through the indirect application model; however, this doctrine has proven to be limited, implicit, and unsystematic. According to our view, moral ideals at the heart of a democratic regime hold the basis for individual direct reliance on constitutional human rights, regardless of whether the breaching entity is a government, corporation, or individual.
AB - The purpose of the article is to establish and theoretically justify a new "constitutional mindset" for a direct application of constitutional human rights in the private sector, based on moral arguments that are reinforced and illustrated by today's democratic and social reality. Generally, constitutional human rights are viewed as part of public law and are to be applied in private law through the indirect application model; however, this doctrine has proven to be limited, implicit, and unsystematic. According to our view, moral ideals at the heart of a democratic regime hold the basis for individual direct reliance on constitutional human rights, regardless of whether the breaching entity is a government, corporation, or individual.
UR - http://www.scopus.com/inward/record.url?scp=85078449662&partnerID=8YFLogxK
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AN - SCOPUS:85078449662
SN - 1938-0283
VL - 40
SP - 419
EP - 464
JO - University of Pennsylvania Journal of International Law
JF - University of Pennsylvania Journal of International Law
IS - 2
ER -