ABSTRACT
Private and public law are often conceptualised as occupying distinct and separate spheres.1 The public/private distinction is particularly marked in both civil and common law systems when it comes to the applicability of constitutional norms. These are often seen as solely or predominantly binding upon public authorities, who, as organs of the state, are both established and have their powers and functions defined by the constitutional system. However, constitutional norms are often supposed to reflect and embody certain fundamental values, such as respect for human rights. Ensuring adequate and meaningful respect in practice for fundamental rights may require that non-state institutions are subject to some of the same legal controls as are imposed upon state bodies. In addition, private law is ultimately determined and enforced by state institutions, especially the courts: legal relationships in the private sphere are structured by regulation that ultimately is the product of state action.2
