Fundamental Rights, Capabilities, and Private Legal Relationships

17 Pages Posted: 17 Sep 2014

See all articles by Lyn Tjon Soei Len

Lyn Tjon Soei Len

Center for the Study of European Contract Law; University of Amsterdam; University of Amsterdam - Faculty of Law

Date Written: September 16, 2014

Abstract

The previously controversial claim of the horizontal effects of fundamental rights on private legal relationships is now widely acknowledged in Europe. This paper submits that this legal development can be understood as the judicial interpretation of fundamental rights as capabilities. What people are really able to do and be depends in important ways on the rights and obligations that originate in relationships with other private parties. This paper aims to show that the horizontal effect of fundamental rights in private law is a paradigm of what the protection of capabilities would require.

Keywords: Fundamental Rights, Constitutionalisation, Capabilities, Justice, Private Law, Contract Law, European Law

JEL Classification: K12

Suggested Citation

Tjon Soei Len, Lyn, Fundamental Rights, Capabilities, and Private Legal Relationships (September 16, 2014). Amsterdam Law School Research Paper No. 2014-49, Available at SSRN: https://ssrn.com/abstract=2496914 or http://dx.doi.org/10.2139/ssrn.2496914

Lyn Tjon Soei Len (Contact Author)

Center for the Study of European Contract Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands
0205253134 (Phone)

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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