ABSTRACT
The concept of the horizontal effect in law concerns the application of fundamental rights within private legal relationships. This phenomenon is pivotal in understanding how constitutional rights extend beyond the vertical relationship between individuals and the state to influence interactions between private parties. The horizontal effect raises significant theoretical and practical questions about the balance between individual freedoms and societal interests, as well as the appropriate scope of judicial intervention in private affairs. This paper explores the logic and implications of the horizontal effect, examining how fundamental rights can shape private law and contribute to societal constitution. It delves into key legal theories, judicial precedents, and comparative law perspectives to provide a comprehensive analysis of how constitutional norms permeate private legal relations. The discussion includes an evaluation of the direct and indirect horizontal effects, the role of courts in enforcing fundamental rights in private disputes, and the potential tensions between private autonomy and public interest. Through this examination, the paper aims to elucidate the transformative impact of fundamental rights on private law and highlight the evolving nature of legal systems in accommodating these constitutional imperatives.
Tapan Kumar Maiti, Horizontal Effect in Law: Interactions Between Fundamental Rights andPrivate Law in Societal Constitution, JILJ – Journal of Indian Law and Jurisprudence, volume 1, issue 1 (June 2024). Published 3 June 2024.
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