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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?

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781849468053
  • 出版时间 May 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509947225
¥1,116.25
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  • 描述 
  • 大纲 
  • 详细

    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
    II. The US Judicial Landscape of Freedom of Expression
    III. The European Judicial Landscape of Freedom of Expression
    IV. Concluding Remarks: Transatlantic Frames Compared and the Need for Care when Handling Metaphors
    3. Judges, Privacy and Data Protection from Atoms to Bits across the Atlantic
    I. Privacy and Data Protection in Action
    II. Stagnation in the US and the European Metamorphosis
    III. The EU Judicial Enforcement of Digital Privacy: A new Frame?
    IV. The European Personal Data Fortress
    V. Conclusions
    4. The Judicial Bridges of Privacy and Speech in the Information Society
    I. Judicial Momentum at the Intersection
    II. The Drawbridge of the European Fortress
    III. Judicial Protection of Speech and Data on a Global Scale
    IV. The Stagnation in the US
    V. Digital Sovereignty across the Atlantic and Beyond
    VI. Conclusion
    5.The Courts and Private Powers in the World of Bits: Toward Digital Constitutionalism?
    I. The Rise and Amplification of Judicial Activism
    II. The Courts and Private Power in the Digital Era
    III. Digital Constitutionalism in Action: Which Remedies can be Invoked against the Emergence of Digital Private Powers?
    IV. Conclusions
    Bibliography
    Index

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