Human rights in the private sphere: Corporations first

Eli Bukspan, Asa Kasher

Research output: Contribution to journalArticlepeer-review

Abstract

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.

Original languageEnglish
Pages (from-to)419-464
Number of pages46
JournalUniversity of Pennsylvania Journal of International Law
Volume40
Issue number2
StatePublished - 2019

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