Publication at Faculty of Law |
2017
Abstract
The author notes that the relationship between private and public law (and between private and public rights) has shifted, arguably due to the incorporation of many rights (and the equivalent expressions thereof in the law) in the constitution or in international law with effects similar to the constitution. However, the shift cannot be attributed to the fact that the rights have been newly incorporated in the constitution, but rather that the interpretation and application by the highest courts, in particular the constitutional courts, have changed.
Most striking here is the recognised horizontal effect of many constitutional rights which strongly affect the distinction between private and public law.