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Copyright of Public & Private International Law Bulletin is the property of Public & Private International Law Bulletin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper analyses five constitutional developments in Central and Eastern Europe that can impact the domestic implementation of the UN Guiding Principles on Business and Human Rights (UNGPs). Using Czechia, Poland and Slovenia as examples, the paper highlights four potential drivers, namely: (1) the process of constitutionalizing human rights; (2) the proliferation of the doctrine of horizontal effect of constitutional rights; (3) the constitutional legitimacy of state intervention in the free market economy; and (4) the mechanism of judicial review. Furthermore, the author underlines the most significant challenge, which is increasing resistance to international norms in some countries, e.g., Poland. The paper concludes that the jurisprudence of the constitutional courts can facilitate the domestic implementation of the UNGPs, particularly Pillars I (State duty to protect human rights) and III (access to remedy). [ABSTRACT FROM AUTHOR]

This article discusses managing religious diversity in post-secular societies by drawing lessons from business and human rights. Managing religious diversity has been traditionally played out in the realms of the state. A state's primary obligation is to respect and protect religious diversity in its society. This article looks beyond the state by arguing that managing diversity is a two-way street. It submits that business and human rights standards are benchmarks by which state and corporations' effective management of religious diversity should be measured and supervised. This article argues that business and human rights standards, such as the United Nations Guiding Principles on Business and Human Rights, establish the obligations of business and other private actors, such as religious communities, to respect and protect human rights in private relations. Businesses carry negative and positive obligations to employ a human-rights-based approach to managing religious diversity in their business operations. Religious communities, for their part, have to manage religious diversity to the extent their autonomy and self-governance allow for it. Equipped with this knowledge, this article concludes that business and human standards, including the United Nations Guiding Principles, represent the standards that business and religious communities should comply with in managing religious diversity in private relationships. [ABSTRACT FROM AUTHOR]

Neo-liberalism was in crisis well before COVID-19; and COVID-19 has only further highlighted the gaps and fault lines in existing liberal democratic models. But this does not mean that we should walk away from liberal ideals, or the general idea of globalisation or market-based forms of ordering. Instead, we should seek a new, more 'democratic' or pro-social understanding of the liberal ideal, which emphasises the idea of fair rather over free markets. This idea of fair markets can be understood in numerous ways, but I suggest that it is best understood as entailing a commitment by the state to: (i) guaranteeing access to a public baseline of core goods, or access to a generous social minimum to all citizens, regardless of market outcomes; (ii) ensuring equality of access to certain 'relative goods'; (iii) regulating market power or sources of monopoly power; and (iv) responding to or 'internalising' negative externalities or social costs associated with private market behaviour. The article explores what this entails for the design of constitutions, and especially constitutional property and social rights, and the scope and strength of judicial review. Ultimately, the article suggests, fair market constitutionalism points to the desirability of a combination of weak property and social rights—ie property rights that offer some but not complete protection for existing economic entitlements, coupled with legislative duties to implement fair market norms or limited weak social rights guarantees. But this does not mean that such guarantees can only be weakly enforced by courts: blockages in the democratic process may mean that courts can and should adopt a weak–strong—or responsive—approach to enforcing these fundamentally weak rights guarantees. [ABSTRACT FROM AUTHOR]

Copyright of Law of Ukraine / Pravo Ukraini is the property of Editorial Board of Journal "Law of Ukraine" and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper provides a short overview from a labour law perspective of the scope of the European Charter of Fundamental Rights (I.) and the Court of Justice of the European Union's case law regarding the horizontal direct effect of certain Charter provisions (II.). On this basis, it seeks to assess the practical relevance of the Court's case law (III.). Finally, it explores how the Court determines the horizontal direct effect of Charter provisions and illustrates that operation by offering a specific example regarding employment relationships (IV.). [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Public & Private International Law Bulletin is the property of Public & Private International Law Bulletin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

• Human visual processing has biased sensitivities to gratings in various orientations. • Adults are usually least sensitive to oblique gratings (Oblique Effect). • Children are usually least sensitive to horizontal gratings (Horizontal Effect). • The horizontal effect is still present after four months with normal maturation. • Poor visual development may produce alternative patterns of meridional anisotropies. It is important to understand the development of meridional anisotropies in neurotypical children since those with poor visual development, such as amblyopia, can have different patterns of meridional anisotropies. While the oblique effect is usually observed in adults, neurotypical children who have normal 20/20 visual acuity tend to demonstrate a horizontal effect electrophysiologically. In this longitudinal study, orientation-specific visual evoked potentials (osVEPs) and psychophysical grating acuity were used to investigate the changes in the meridional anisotropies in children aged 3.8 to 9.2 years over two visits averaging four months apart. While it was hypothesized that the electrophysiological horizontal effect may shift towards an oblique effect, it was found that the electrophysiological horizontal effect persisted to be present in response to the suprathreshold moderate contrast 4 cycles-per-degree grating stimuli. Psychophysical grating acuity, however, demonstrated an oblique effect when assessed binocularly. In addition, a significant effect of visit, representing an increase in the average age over this period, was observed in the average osVEP C3 amplitudes (4.5 μV) and psychophysical grating acuity (0.28 octaves or approximately 1-line on the logMAR chart). These findings are relevant when evaluating amblyopia treatments and interventions, as it confirms the necessity to take into account of the effect of normal maturation and learning effects when evaluating young children. Special attention should also be given to children with early-onset myopia and high astigmatism even when their visual acuity is 20/20 as the electrophysiological findings are suggestive of poor visual development, which warrants further investigation. [ABSTRACT FROM AUTHOR]

In this contribution the added value of the Charter in the area of social security is examined. It is concluded that Article 34 of the Charter has not created fundamental rights that can be invoked in order to improve the legal position of claimants of social security or of social assistance. This conclusion is no surprise, given the express provisions limiting the interpretation of the Charter. Instead, it is interesting to note that the Charter has, in particular, added value where the scope for interpretation has not been explicitly limited, that is where provisions are applied that are not implemented by the instrument that is disputed in a particular situation. A second added value is the doctrine of horizontal effect, which means that in some cases provisions of Directives can also be invoked in horizontal situations. This is of relevance, particularly in non-statutory social security cases. Also, the Court of Justice itself seems to have had its difficulties in applying the Charter. It is difficult to understand the consistency of the Dano and CG judgments, where in the Dano the Court claimed not to have jurisdiction to interpret the non-specific provisions in the case, yet in CG, it did so without having even been asked. In this contribution it is undertaken to analyse these judgments with a view to better understanding the added value of the Charter. [ABSTRACT FROM AUTHOR]

In the recent decision of fjm v. the United Kingdom , the ECtHR made a decision on the required protection against private evictions that threatens to water-down the protection of housing rights offered by the ECHR. This article sets out to determine the effect of the fjm judgment on the protection provided by Article 8, especially in matters concerning private evictions. The analysis of the case includes a discussion on whether the decision of the ECtHR was correct, considering both its previous decisions, as well as the SA Constitutional Court's findings in similar matters. It analyses the recent European and South African case law with the help of a number of concepts developed in legal theory. These concepts concern vertical and horizontal relations between actors involved in housing law cases, as well as direct and indirect effect of human and constitutional rights. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article critically engages with Peter Benson's theory of contract law. It explores whether his juridical conception of contract as a transfer of rights, which is governed by the contract law's internal principles of transactional justice, can be reconciled with fundamental rights. The article argues that the conventional distinction between the direct and indirect horizontal effect of fundamental rights is problematic because it does not make it unequivocal which body of law – fundamental rights or contract law – substantially governs the relations between contracting parties and determines the outcome of disputes between them. The answer to this fundamental question, however, is crucial for the stability of Benson's theory of contract law. Drawing on the European experience, the article shows that the relationship between fundamental rights and contract law can take the form of the subordination of contract law to fundamental rights or the complementarity between the two. While the latter is compatible with Benson's theory, the former is in tension with it. For the sake of conceptual clarity, therefore, it is useful to distinguish between three forms of the horizontal effect of fundamental rights in contract law – direct horizontal effect, strong indirect horizontal effect, and weak indirect horizontal effect. [ABSTRACT FROM AUTHOR]

The modern doctrine of property law in Ukraine shall be reconsidered from the perspective of understanding the right to property as The purpose of the article is (a) to outline the approach of the European Court of Human Rights to addressing applications under Article 1 of Protocol No 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and (b) to analyse the horizontal effect of the right peaceful enjoyment of property. While deciding on the applications pertaining to protection of property, the ECtHR utilizes a sophisticated algorithm comprising a sequence of yes-or-no questions, where the transition to each subsequent question is preconditioned by affirmative answer to the previous one: (1) Was there any property rights? (2) Has there been an interference with property rights? (3) Was the interference lawful? (4) Did the intervention have a legitimate aim? (5) Was the interference proportionate to the aim pursued? According to this algorithm, if the answer to the first four questions is "yes" and to the last, fifth, is "no", the ECtHR finds that the respondent State has violated applicant's right to peaceful enjoyment of property. In all other cases there is no violation. If, within the jurisdiction of the State, an individual may infringe the property rights of another without any liability for the former and any remedy for the latter, the State may be reasonably blamed for it, since the situation may indicate that either there is no legislation prohibiting the infringement, or the cases of infringement are not investigated or the courts do not properly apply the provisions of the respective legislation. Correcting these defects of "State's work" certainly has an impact on horizontal relations and is perceived by private persons in their relations with each other. Tectonic shift in the national doctrine of property rights manifests itself in the new perspective on property: the property is no longer seen as either an exclusively civil or an exclusively national legal institution. Like a number of other private law institutions, property is being constitutionalized. Any dispute over property rights receives a new perspective in terms of fundamental human rights. And it is true not only with regard to vertical relations of individual vis-à-vis public authority, but also with regard to relations of private persons between themselves (horizontal). The horizontal effect of human rights is achieved through the concept of positive obligations of the state being applied by the Supreme Court and by the implementation of the proportionality test in domestic jurisprudence. [ABSTRACT FROM AUTHOR]

Copyright of Law Studies Journal / Revista Novos Estudos Juridicos is the property of Novos Estudos Juridicos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article analyses the main debates over the application of the Charter to disputes between private parties and assesses the ways in which the case law over the last ten years has responded to them. The article goes on to propose an alternative schema, whereby horizontality can be understood as a structural principle of EU fundamental rights adjudication on its own terms, rather than as an extension of the direct effect doctrine. It is argued that a self-standing principle of horizontality with equally valuable—yet operationally distinct—direct, indirect, and state-mediated manifestations, could respond more coherently to the conceptual, procedural, and remedial challenges displayed in the case law. [ABSTRACT FROM AUTHOR]

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The case law of the European Court of Human Rights (ECtHR) pertaining to human rights protection of legal persons, including corporate entities, is well developed and extensively analyzed in legal literature. The international law of human rights is in the process of transformation from imposition of obligations only on States, to gradually taking into consideration the accountability of non-State actors, particularly corporate entities. The objective of the paper is to analyze the conceptualization of corporate accountability for violations of human rights in the case law of the ECtHR. The paper shows that the ECtHR thus far has approached the corporate accountability and has called for regulation of corporate activities at the national level by means of applying the doctrine of horizontal effect of rights guaranteed by the European Convention on Human Rights (ECHR) referred to as Drittwirkung and the doctrine of positive obligations of the states. The authors argue that the ECtHR so far in its jurisprudence has missed to fully take into account the overarching social and policy developments, and that it should take a more proactive role in conceptualizing its approach to violations of human rights committed by corporate entities.

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

International human rights instruments operate on the assumption that states are the focal human rights duty bearers. However, private actors can harm human rights as well. Moreover, since mechanisms at a supranational level are lacking, these instruments rely primarily on states for their enforcement. Yet states' internal rules and courts are meant to address infringements that are confined within their borders, and are therefore often structurally unable to deal with violations having transnational impact. Restorative justice has proven to respond in depth to different kinds of wrongdoing and, although addressing the peculiarities of each case, restorative procedures can systemically prevent deviant behaviour as well. Additionally, as restorative justice relies on voluntary participation it need not operate in a specific territory. Having this broader picture in mind, the article explores whether restorative justice might be adequate for dealing with human rights infringements perpetrated by private actors that have cross-border impact. [ABSTRACT FROM AUTHOR]

This article is concerned with the principle of horizontal effect of fundamental rights as this has been applied in Cypriot case law. The article begins with a brief introduction on the doctrine of horizontal effect and the various positions that have been expressed about this doctrine} as well as its development in private law. Following this analysis, reference is made to the landmark case ofYiallouros and the introduction into the Cypriot legal order of the above-mentioned doctrine by Cypriot courts. It will be indicated that, while the case ofYiallouros created new insights in the area offundamental rights protection, at the same time it left issues of applicability of the doctrine and its effect of Cypriot private law unclarified. This article, therefore, seeks to consider how the above-mentioned gap is remedied through a review of case law in the Supreme Court of Cyprus following the case of Yiallouros. [ABSTRACT FROM AUTHOR]

This article analyses how constitutional rights in Kenya apply horizontally and their implications for private legal relations. It demonstrates that while Kenyan case law on point is relatively progressive, unresolved conceptual issues remain. It therefore draws on comparable South African and Irish experiences to fill in the normative gaps in Kenya. [ABSTRACT FROM AUTHOR]

The Charter of Fundamental Rights of the European Union (hereinafter: ‘Charter’) is an act of the primary law of the EU. Whilst its Article 51(1) provides that individuals may invoke fundamental rights vis-à-vis the EU or its Member States, it is silent on the issue of whether fundamental rights can be invoked vis-à-vis other individuals. This discrepancy can be partly clarified by looking into the case law of the Court of Justice. So far, the Court of Justice has recognised such a possibility with regard to the general principle of equality as it is expressed in different forms in the chapter on ‘Equality’ of the Charter and in the directives which implement it. The question this contribution aims to resolve is whether the case law of the Court of Justice opens up such a possibility for other provisions of the Charter as well. The Court of Justice has, however, rejected such a possibility as far as socio-economic fundamental rights from the chapter on ‘Solidarity’ of the Charter are concerned, despite the fact that these provisions are made concrete by directives and the national legislation which implements them. I will argue that this position of the Court of Justice is not consistent with its existing case law on the horizontal effect of the Charter and undermines its full effectiveness.

Copyright of Espaço Jurídico: Journal of Law is the property of Espaco Juridico: Journal of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article critically examines whether, and how, five United Nations human rights treaty monitoring bodies deal with situations in which human rights have been interfered with by non-State actors. The article uses the concepts of 'direct' and 'indirect' horizontal effect of international human rights law. An in-depth comparative analysis reviews the monitoring bodies' general comments and views on individual communications from the bodies' establishment until August 2017. The analysis identifies very limited evidence of 'direct', and two main kinds of 'indirect' horizontal effect of human rights applied by the bodies. First, it finds that while the bodies do engage with the ways in which non-State actors can interfere with human rights, they predominantly focus on the positive and procedural obligations of States. Second, it finds that where non-State actors are sufficiently 'State-like' in their nature and actions, they may be re-categorised as public actors for the purposes of human rights. [ABSTRACT FROM AUTHOR]

Ensuring an equitable health financing system is a major concern particularly in many developing countries. Internationally, there is a strong debate to move away from excessive reliance on direct out-of-pocket (OOP) spending towards a system that incorporates a greater element of risk pooling and thus affords greater protection for the poor. This is a major focus of the move towards universal health coverage (UHC). Currently, Zambia with high levels of poverty and income inequality is implementing health sector reforms for UHC through a social health insurance scheme. However, the way to identify the health financing mechanisms that are best suited to achieving this goal is to conduct empirical analysis and consider international evidence on funding universal health systems. This study assesses, for the first time, the progressivity of health financing and how it impacts on income inequality in Zambia. Three broad health financing mechanisms (general tax, a health levy and OOP spending) were considered. Data come from the 2010 nationally representative Zambian Living Conditions and Monitoring Survey with a sample size of 19,397 households. Applying standard methodologies, the findings show that total health financing in Zambia is progressive. It also leads to a statistically significant reduction in income inequality (i.e. a pro-poor redistributive effect estimated at 0.0110 (p < 0.01)). Similar significant pro-poor redistribution was reported for general taxes (0.0101 (p < 0.01)) and a health levy (0.0002 (p < 0.01)). However, the redistributive effect was not significant for OOP spending (0.0006). These results further imply that health financing redistributes income from the rich to the poor with a greater potential via general taxes. This points to areas where government policy may focus in attempting to reduce the high level of income inequality and to improve equity in health financing towards UHC in Zambia. [ABSTRACT FROM AUTHOR]

The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization. The role of ultima ratio is to impose limitations on criminalization. But constitutional doctrines also exist which call for criminalization and might even be seen as establishing a criminalization obligation. The paper examines three constitutional counter weights to ultima ratio. The first of these is discussed in the context of state constitutions. This is the cluster of the interrelated constitutional doctrines of the horizontal effect of fundamental rights and the protective duty of the state, as well as the understanding of collective security as a basic right. These doctrines are analysed in the light of the praxis of the German Constitutional Court and the Finnish Constitutional Law Committee. The two other constitutional counterweights are discussed at the level of the transnational, European constitution. These are the principles of precaution and effectiveness. Este artículo defiende que el concepto de ultima ratio es una instancia más amplia del principio de proporcionalidad dentro del derecho constitucional. Sin embargo, el ultima ratio no es el único principio relevante en la valoración constitucional de la criminalización. El papel del ultima ratio es imponer límites a la criminalización. Pero también existen doctrinas constitucionales que exigen la criminalización e incluso dan pie a entender que obligan a establecer una pena. El documento examina tres contrapesos constitucionales al ultima ratio. En primer lugar, se analiza en el contexto de las constituciones estatales. Este es el conjunto de las doctrinas constitucionales interrelacionadas entre el efecto horizontal de los derechos fundamentales y el deber de protección del Estado, así como la asunción de la seguridad colectiva como un derecho fundamental. Estas doctrinas se analizan a la luz de la praxis de la Corte Constitucional de Alemania y del Comité de Derecho Constitucional Finlandés. Los otros dos contrapesos constitucionales, los principios de precaución y eficiencia, se discuten en el ámbito de la constitución transnacional europea. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2200869

A hub-and-spoke conspiracy involves an exchange of confidential information primarily concerning future prices. The exchange takes place generally between competing distributors via a common supplier but a reverse relationship is also possible. The essence of hub-and-spoke lies in the fact that there is no direct contact between competitors – the party guaranteeing the information flow is normally the common supplier (distributor in a reverse scenario). A hub-and-spoke conspiracy was first identified and specifically described by the British Office of Fair Trade in 2003. There are currently several pending investigations concerning hub-and-spoke practices in a number of EU Member States including Germany, France, Italy and the UK. Three cases of that type have been so far assessed in the Polish antitrust practice: Polifarb Cieszyn Wrocław (2007), Tikurilla (2010) and Akzo Nobel (2010). The main objective of this article is the reconstruction of hub-and-spoke conduct in Poland. Commented will also be issues such as: the connection between hub- and-spoke practices and ‘classic’ retail price maintenance; standard of proof, and duration of the agreements.

Originally, private law was considered to be immune from the effect of fundamental rights, the function of which was limited to being individual defences against the vigilant eye of the state. This traditional view, however, has recently been put under pressure as a result of fundamental rights increasingly becoming relevant for private law. The relationships between private parties under private law have started losing their immunity from the effect of fundamental rights. The major question at present is no longer whether fundamental rights may have an impact on private law, but to what extent this will occur, and the answer to this question will determine the future of private law. The primary aim of this article is to establish how fundamental rights and private law (may) relate to each other at present in different legal systems. In light of this, the article considers how fundamental rights (may) affect the relationships between private parties under private law and what consequences this effect has for the relationship between fundamental rights and private law.

Los derechos humanos son por naturaleza evolutivos y expansivos. La dinámica de los derechos humanos crea diversas interacciones-interacciones entre el orden jurídico internacional y el orden jurídico interno- y al mismo tiempo, provoca diversas relaciones entre el Estado y el individuo, pero también entre los individuos ellos mismos. A este último respecto, aparece la teoría llamada el efecto horizontal de los derechos humanos. Esta teoría ha sido expresamente introducida en nuestro sistema jurídico en el contexto del derecho del trabajo y de los derechos de los trabajadores como una manera de limitar o prohibir cualquier clase de violación a los derechos humanos, tanto civiles y políticos como sociales. Este trabajo examina la pertinencia de la forma en que la doctrina del efecto horizontal de los derechos humanos ha sido incorporada en el derecho interno y sus consecuencias previsiblesHuman Rights are by nature evolving and expansive. The dynamic of human rights generates several different interactions between international legal systems and domestic legal systems and at the same time, brings not only the connections between the state and the individual but also within the individuals themselves. The latter point is a theory referred to as "the horizontal effect of human rights". This theory has been specifically introduced to our national legal system through the context of labor law and worker's rights, as a way of limiting or prohibiting any sort of human rights violations be it civil, political or social rights. This paper examines the suitability of the way in which the horizontal effect doctrine has been incorporated into domestic law and its foreseeable consequences

Kenya’s 2010 Constitution departs from its predecessor by extending the reach of its Bill of Rights to the private sphere of legal relations. It applies horizontally to private law and conduct, thereby binding private actors both directly and indirectly. This bears significant implications for fundamental rights enforcement in Kenya, which has long been influenced by the common law and where the previous bill of rights did not expressly bind private actors. Focusing on both pre- and post-2010 case law, this article analyses the horizontal effect of constitutional rights in Kenya and highlights the constraints of the common law-based vertical application on the effective enforcement of constitutional rights against private actors. It also provides some critical insights into the consequences of constitutionalising the horizontality of fundamental rights. In addition, on the basis of comparative experiences, it offers proposals for determining the extent to which constitutional rights should impact private legal relations. [ABSTRACT FROM AUTHOR]

One area of Hong Kong law which has received surprisingly little attention is how far its human rights provisions reach into the private sphere. This issue is commonly known as ‘horizontal effect’. It will be argued that in the Hong Kong context, courts are under an obligation to develop the common law with a view to achieving maximum consistency with the Hong Kong Basic Law, even when a purely private dispute is involved. As such, judges should not feel constrained by legislative inaction, but should take the initiative to fill perceived gaps in the common law in order to fulfil their obligation to adjudicate in accordance with the Basic Law. In the final analysis, it is suggested that this obligation may even necessitate the creation of a new cause of action or require the judge to rule inconsistently with a superior court’s decision. [ABSTRACT FROM AUTHOR]

Measurements of psychophysical performance show that the visual system is biased in ways that counteract statistical regularities of natural scenes thereby allowing efficient coding. Here we consider the perceptual effects of these encoding biases in a “holistic” way by measuring characteristics of the paintings produced by artists making perceptual matches to a natural scene image; 10 artists were asked to produce an exact copy of a single outdoor landscape scene. The structural content of the paintings produced and the “ground truth” image were compared in the frequency domain. The artists were found to over-regularize the orientation content in the paintings: The anisotropy existing only at the lowest spatial scales in the natural scene image was produced across all spatial scales in these commissioned paintings. These results were compared to those from two other methods of comparing paintings and natural scenes reported previously in a companion paper and all three methodologies indicate very similar over-regularization. We suggest that artists may have a general canonical representation of structural relations of scenes that they apply broadly within their creations. [ABSTRACT FROM AUTHOR]