Reference : Abdications of Sovereignty in State Action and Horizontal Effect Jurisprudence
Parts of books : Contribution to collective works
Law, criminology & political science : Public law
Law / European Law
Abdications of Sovereignty in State Action and Horizontal Effect Jurisprudence
Van Der Walt, Johan Willem Gous mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Boundaries of State, Boundaries of Rights: Human Rights, Private Actors, and Positive Obligations
Kahana, Tsvi mailto
Scolnicov, Anat mailto
Cambridge University Press
United Kingdom
[en] Horizontal Effect ; State Action ; Sovereignty
[en] This article argues that different regimes of horizontal effect adjudication invariably turn on different attitudes to state sovereignty. Aversions to horizontal effect are usually a reflection of an apprehension regarding state sovereignty (understood as a threat to liberty) whereas endorsements of horizonal effect usually reflect a positive regard for state sovereingty (as a condition for liberty).

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Boundaries of Rights.pdfThis is an almost final version of the published text which already contains many helpful editing suggestions by the editors of the book.Author preprint228.42 kBView/Open

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