Meeting of the Minds: Reshaping Citizens' Rights and Duties

Christina Bambrick, Maureen Stobb

Research output: Contribution to journalArticlepeer-review

Abstract

How might constitution-makers write "transformative constitutions"? Scholars and policymakers have looked to constitutional design as a mechanism for societal change, for example, promoting democracy, equality, and social rights. In these efforts, accountability has most often been limited to government actors. Yet, constitution-makers are increasingly introducing the "horizontal"application of rights, a potent tool for transformation whereby private actors also gain constitutional rights obligations. We argue that a key predictive element in introducing this mechanism is a meeting of the minds in constitution-making processes, where interests and mutual commitments from a broad cross-section of society are expressed at the negotiating table. We test our theory, employing cross-national data concerning the adoption of horizontal application over time, and examples from specific countries' experiences. Our findings support our theory, suggesting that powerful articulation of interests by expert professionals in inclusive processes is a significant factor in reshaping citizen duties and, thus, transforming society.

Original languageEnglish
JournalJournal of Law and Courts
DOIs
StateAccepted/In press - 2025

Scopus Subject Areas

  • Sociology and Political Science
  • Political Science and International Relations
  • Law

Keywords

  • constitutional duties
  • Horizontal rights
  • horizontality
  • inclusive constitution-making
  • non-state actors
  • private actors

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