Can I host an all-female dinner in my flat? Can I make a room in my flat available to female tenants only? Can I pay female workers less than male workers? This paper aims to identify to what extent constitutional law should be concerned with such questions, as well as if it should supply the relevant method for resolving them. There is a terse relationship between the idea of horizontality (the application of constitutional rights to disputes between private parties) and the identity of constitutional rights as public law claims regulating the process of governing (Loughlin 2003). Horizontal extensions of rights are normally justified by reference to dignity or globalization (Clapham 2006; Teubner 2012). This paper advances an alternative approach. It argues that an internally coherent theory of horizontality for democratic constitutions can be based on a single jurisdictional test of equal access to the public sphere, understood not through a spatial but through a communicative lens.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S