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European Review of Private Law
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Judicial Governance in European Private Law: Three Judicial Cultures of Fundamental Rights Horizontality

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Judicial Governance in European Private Law: Three Judicial Cultures of Fundamental Rights Horizontality


European Review of Private Law
Volume 28, Issue 4 (2020) pp. 931 – 952

https://doi.org/10.54648/erpl2020055



Abstract

This article sketches and compares, in the light of the author’s approach to judicial governance, different models of application of fundamental rights by civil courts. It proposes a taxonomy of three cultures of fundamental rights horizontality: (1) the post-authoritarian culture, (2) the old continental culture, and (3) the Nordicinsular culture.


Extract




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