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The Rule of Law in Cyberspace

The Rule of Law in Cyberspace

Author: Carlos Blanco de Morais; Gilmar Ferreira Mendes; Thomas Vesting
Publisher: Springer International
ISBN: 9783031073762
Published In: September 2022
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

RM718.13

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Description
Contents

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The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace.The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world.

The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies.

In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective.

Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.

Part I. Introduction

Introduction

Part II. Democratic Constitutionalism in Cyberspace

Digital Democracy: a Threat to the Democratic System or Oxygenation of Tepresentative Democracy and Free Speech

Digital Constitutionalism and Constitutional Jurisdiction: a Research Agenda for the Brazilian Case

The Crisis of the Representative Democracy in View of Digital Democracy

Rule of Law, Democracy and New Technologies

Freedom, Democracy, Digital Government and Human Development

The Impact of Artificial Intelligence on the Structures of the Modern Public Sphere

The Digitization of Government and Digital Exclusion

Part III. The Threat of Fake News

Fake News and the 2018 Brazilian Presidential Election