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from Transformation
Published online by Cambridge University Press: 23 January 2025
Contemporary issues such as the COVID-19 pandemic and Big Tech offer opportunities to recapitulate and extend the book’s insights in this concluding chapter. More specifically, debates over public health and digital technology reveal the practical implications attending more theoretic inquiries about private actors’ status in constitutional politics. The weightiness of these issues thus supports increased urgency to study the position of private actors vis-à-vis the constitution and brings to the fore the particular value of the book’s republican framework in this enterprise. The republican framework may offer guidance regarding the contexts and goals to which horizontal application is suited, as well as the ways in which it may be further supported as a practical and a normative matter. By appreciating the ways in which horizontal application is republican, constitution-makers and courts might shore up this practice by taking steps to make it even more republican. This may come through renewed emphasis on the legislative function or contestation more generally in constitutional politics.
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