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Civil Rights in the Privatized State: A Comparative View

Civil Rights in the Privatized State: A Comparative View ANGLO-AMERICAN LAW REVIEW 503 CIVIL RIGHTS IN THE PRIVATIZED STATE: A COMPARATIVE VIEW By DAPHNE BARAK-EREZ I. The New Private Faces of the Public Sphere Until a few decades ago, the lines between the public sector and the domain of private initiative were considered clear. The activities of the government were defined as “public”; the activities of private entities as ”private”. This distinction was not only theoretical, but had practical consequences as well. This article focuses on one major consequence of the distinction, namely the traditional constitutional approach of applying civil rights only to the relations of individuals with government, that is to say only in the “public” sphere.’ This traditional approach has been curtailed in many jurisdictions - especially in Europe. Some national constitutions have been interpreted as applymg (directly or indirectly) to private relations, as well.? In addition, the European Convention on Human Rights was 1. Another consequence of the distinction (not elaborated in this article) is the traditional resistance to legal regulation of the so-called private sphere, including family life. See: Morton J. Horwitz, ”The History of the Public/ Private Distinction” (1982) 130 Uni. Pn. L Rev. 1423; Frances E. Olsen, “The Family and the Market: http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Anglo-American Law Review SAGE

Civil Rights in the Privatized State: A Comparative View

Anglo-American Law Review , Volume 28 (4): 22 – Oct 1, 1999

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Publisher
SAGE
Copyright
© 1999 SAGE Publications
ISSN
0308-6569
eISSN
1740-5556
DOI
10.1177/147377959902800406
Publisher site
See Article on Publisher Site

Abstract

ANGLO-AMERICAN LAW REVIEW 503 CIVIL RIGHTS IN THE PRIVATIZED STATE: A COMPARATIVE VIEW By DAPHNE BARAK-EREZ I. The New Private Faces of the Public Sphere Until a few decades ago, the lines between the public sector and the domain of private initiative were considered clear. The activities of the government were defined as “public”; the activities of private entities as ”private”. This distinction was not only theoretical, but had practical consequences as well. This article focuses on one major consequence of the distinction, namely the traditional constitutional approach of applying civil rights only to the relations of individuals with government, that is to say only in the “public” sphere.’ This traditional approach has been curtailed in many jurisdictions - especially in Europe. Some national constitutions have been interpreted as applymg (directly or indirectly) to private relations, as well.? In addition, the European Convention on Human Rights was 1. Another consequence of the distinction (not elaborated in this article) is the traditional resistance to legal regulation of the so-called private sphere, including family life. See: Morton J. Horwitz, ”The History of the Public/ Private Distinction” (1982) 130 Uni. Pn. L Rev. 1423; Frances E. Olsen, “The Family and the Market:

Journal

Anglo-American Law ReviewSAGE

Published: Oct 1, 1999

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