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Judicial Protection of Fundamental Rights on the Internet: A Road Towards Digital Constitutionalism?

Judicial Protection of Fundamental Rights on the Internet: A Road Towards Digital Constitutionalism?

Author: Oreste Pollicino
Publisher: Hart Publishing
ISBN: 9781849468053

Published In: May 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509947225

List Price: HKD 1,300.00

HKD 1,261.00 Save HKD 39.00 (3%)

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Description
Contents

Details

This monograph explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law.

The book aims to emancipate the debate on Internet Law and Jurisprudence from the dominant position, with specific reference to European legal regimes. This approach aims to inject a European and constitutional “soul” into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue.

This innovative book provides a thorough analysis of the forms, models, and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States. The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation.

Note the book was previously announced with the title Judicial Dialogue and Protection of Fundamental Rights in the Internet: A Comparative Perspective

Acknowledgements

List of Abbreviations

Table of Cases

Introduction

1. Technology and Judges across the Atlantic

I. The Amplification of Judicial Momentum

II. Metaphors, Judicial Frames and Cyberspace

III. Jurisdictions, Territory and Cyberspace

IV. Freedom of Expression, Privacy and Data Protection across the Atlantic

V. Conclusions

2. Judges and Freedom of Expression from Atoms to Bits across the Atlantic

I. Freedom of Expression in Action