Business Corporations and the Constitutionalization of Private Law

Abstrakt

Fundamental rights of corporations reflect social development. There may be different opinions about this issue: either we embrace it as another layer of protection of human rights; we critically see this regulation as an example of the degradation of human rights.

At the same time, it is still the primary role for states not only to respect but also to fulfil and protect human rights within their territories. In the chapter, it is argued that a proper regard should be given to principles of private law, or countervailing public interests, in order to reach an adequate model of effects of constitutional rights in legal orders, which is neither robust like total constitutionalism, nor too limited.

Klíčová slova

• Business
• Corporations
• Constitutionalization
• Private Law
• Horizontal Effect
• Human Rights
• Constitutional Law