Document Type

Article

Publication Title

Buffalo Law Review

Abstract

The article discusses the possibility of the existence of a methodological gap between the interpretative approach of U.S. courts and constitutional courts abroad in constitutional cases. It examines if American law has the analytic tools, internal to U.S. constitutional practice, that support the rearrangement of state action doctrine towards horizontality. The German term, Drittwirkung der Grundrecht, referring to relaxation of state action requirements outside the U.S., has been used.

First Page

455

Volume

59

Publication Date

2011

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