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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: 9781509947225

Published In: November 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849468053

List Price: HKD 584.87

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Description
Contents

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This book 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.

With a Foreword by Robert Spano, President of the European Court of Human Rights.

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

II. The US Judicial Landscape of Freedom of Expression

III. The European Judicial Landscape of Freedom of Expression

A. The Jurisprudence of the Strasbourg Court

B. The Jurisprudence of the CJEU