from Part I - Legal Doctrinal Models for Addressing the Substantive Obligations of Non-State Actors for Fundamental Rights
Published online by Cambridge University Press: 29 October 2021
This chapter considers the ‘expanding the state model’ which limits the obligations flowing from fundamental rights to the state and only imposes obligations on non-state actors if they are, in some sense, state-like. This model fundamentally raises the question of what constitutes part of the state and, in so doing, provides an understanding of the determinants for having obligations. I argue the model focuses on the wrong issue: which agents are part of the state rather than the factors that are relevant to determining obligations. The chapter also examines the model as it is expressed through the case law of three jurisdictions – the United States, Germany and South Africa. In doing so, I explore the factors the courts employ to determine whether an entity or function is state-like and their implications for obligations. Those factors overlap with those identified in the other models – which, in turn suggests, the artificiality of confining the application of rights only to state actors.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.