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The Internet and Constitutional Law

The Internet and Constitutional Law
Author: Oreste Pollicino
Publisher: Routledge
Total Pages: 264
Release: 2016-01-13
Genre: Law
ISBN: 1317407997

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This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.


The Internet and Constitutional Law

The Internet and Constitutional Law
Author: Oreste Pollicino
Publisher: Routledge
Total Pages: 294
Release: 2016-01-13
Genre: Law
ISBN: 1317407989

Download The Internet and Constitutional Law Book in PDF, ePub and Kindle

This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.


Judicial Protection of Fundamental Rights on the Internet

Judicial Protection of Fundamental Rights on the Internet
Author: Oreste Pollicino
Publisher: Bloomsbury Publishing
Total Pages: 269
Release: 2021-04-22
Genre: Law
ISBN: 1509912703

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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.


The Internet and the Law

The Internet and the Law
Author: Kathleen Conn
Publisher: ASCD
Total Pages: 130
Release: 2002
Genre: Educators
ISBN: 0871206773

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This book offers concise and sound advice for guide public school polices governing uses of the Web, e-mail, and other computer technologies.


Digital Constitutionalism

Digital Constitutionalism
Author: Edoardo Celeste
Publisher: Taylor & Francis
Total Pages: 256
Release: 2022-10-13
Genre: Law
ISBN: 1000685217

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Investigating the impact of digital technology on contemporary constitutionalism, this book offers an overview of the transformations that are currently occurring at constitutional level, highlighting their link with ongoing societal changes. It reconstructs the multiple ways in which constitutional law is reacting to these challenges and explores the role of one original response to this phenomenon: the emergence of Internet bills of rights. Over the past few years, a significant number of Internet bills of rights have emerged around the world. These documents represent non-legally binding declarations promoted mostly by individuals and civil society groups that articulate rights and principles for the digital society. This book argues that these initiatives reflect a change in the constitutional ecosystem. The transformations prompted by the digital revolution in our society ferment under a vault of constitutional norms shaped for ‘analogue’ communities. Constitutional law struggles to address all the challenges of the digital environment. In this context, Internet bills of rights, by emerging outside traditional institutional processes, represent a unique response to suggest new constitutional solutions for the digital age. Explaining how constitutional law is reacting to the advent of the digital revolution and analysing the constitutional function of Internet Bills of Rights in this context, this book offers a global comparative investigation of the latest transformations that digital technology is generating in the constitutional ecosystem and highlights the plural and multilevel process that is contributing to shape constitutional norms for the Internet age.


Judicial Protection of Fundamental Rights on the Internet

Judicial Protection of Fundamental Rights on the Internet
Author: Oreste Pollicino
Publisher: Bloomsbury Publishing
Total Pages: 269
Release: 2021-04-22
Genre: Law
ISBN: 1509912703

Download Judicial Protection of Fundamental Rights on the Internet Book in PDF, ePub and Kindle

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.


The Cambridge Handbook of New Human Rights

The Cambridge Handbook of New Human Rights
Author: Andreas von Arnauld
Publisher: Cambridge University Press
Total Pages: 939
Release: 2020-01-02
Genre: Political Science
ISBN: 1108751172

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The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.


An Introduction to Constitutional Law

An Introduction to Constitutional Law
Author: Randy E. Barnett
Publisher: Aspen Publishing
Total Pages: 473
Release: 2023-02-28
Genre: Law
ISBN:

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An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.


Technical, Business, and Legal Dimensions of Protecting Children from Pornography on the Internet

Technical, Business, and Legal Dimensions of Protecting Children from Pornography on the Internet
Author: Institute of Medicine
Publisher: National Academies Press
Total Pages: 144
Release: 2002-03-29
Genre: Social Science
ISBN: 0309169798

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In response to a mandate from Congress in conjunction with the Protection of Children from Sexual Predators Act of 1998, the Computer Science and Telecommunications Board (CSTB) and the Board on Children, Youth, and Families of the National Research Council (NRC) and the Institute of Medicine established the Committee to Study Tools and Strategies for Protecting Kids from Pornography and Their Applicability to Other Inappropriate Internet Content. To collect input and to disseminate useful information to the nation on this question, the committee held two public workshops. On December 13, 2000, in Washington, D.C., the committee convened a workshop to focus on nontechnical strategies that could be effective in a broad range of settings (e.g., home, school, libraries) in which young people might be online. This workshop brought together researchers, educators, policy makers, and other key stakeholders to consider and discuss these approaches and to identify some of the benefits and limitations of various nontechnical strategies. The December workshop is summarized in Nontechnical Strategies to Reduce Children's Exposure to Inappropriate Material on the Internet: Summary of a Workshop. The second workshop was held on March 7, 2001, in Redwood City, California. This second workshop focused on some of the technical, business, and legal factors that affect how one might choose to protect kids from pornography on the Internet. The present report provides, in the form of edited transcripts, the presentations at that workshop.


Virtual Freedoms, Terrorism and the Law

Virtual Freedoms, Terrorism and the Law
Author: Giovanna De Minico
Publisher: Routledge
Total Pages: 402
Release: 2021-02-15
Genre: Law
ISBN: 100017977X

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This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.