Cantitate/Preț
Produs
Total produse
Vezi coșul
Judicial Protection of Fundamental Rights on the Internet: A Road Towards Digital Constitutionalism? de Oreste Pollicino

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

Autor Oreste Pollicino
en Limba Engleză Paperback – 16 noi 2022
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.
Citește tot Restrânge

Toate formatele și edițiile

Toate formatele și edițiile Preț Express
Paperback (1) 31192 lei  6-8 săpt.
  Bloomsbury Publishing – 16 noi 2022 31192 lei  6-8 săpt.
Hardback (1) 56953 lei  6-8 săpt.
  Bloomsbury Publishing – 19 mai 2021 56953 lei  6-8 săpt.

Preț: 31192 lei

Preț vechi: 38208 lei
-18% Nou

Puncte Express: 468
Preț estimativ în valută:
5969€ • 6219$ • 4963£

Carte tipărită la comandă

Livrare economică 08-22 februarie 25

 Adaugă în coș

Wish list
Gift list
Am citit!
Adaugă în listă
Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9781509947225
ISBN-10: 1509947221
Pagini: 320
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.37 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era

Notă biografică

Oreste Pollicino is Professor of Constitutional Law at Bocconi University and Member of the Executive Board, EU Agency for Fundamental Rights, Vienna.

Cuprins

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 AtlanticI. 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 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? A. Digital Rights Ireland B. Google Spain C. Schrems 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 IntersectionII. 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. Conclusions 5. The Courts and Private Powers in the World of Bits: Towards Digital Constitutionalism? I. The Rise and Amplification of Judicial Activism II. The Courts and Private Power in the Digital Era A. Algorithms and Freedom of Expression B. Algorithms and Data Protection III. Digital Constitutionalism in Action: Which Remedies can be Invoked against the Emergence of Digital Private Powers? IV. Conclusions

Recenzii

The book aims to inject a European and constitutional "soul" into the topic. This requires engaging in the dialogue between national and European courts. However, the book does not stop here. The thorough analysis of the forms, models, and styles of judicial protection of fundamental rights in the digital era also compares the European vision to that of the USA.
This volume indeed clearly contributes to both EU law scholarship . and to constitutional law studies themselves . The comparative analyses of the judicial protection of freedom of expression, privacy and data protection . are extremely detailed, clear and full encompassing ... Pollicino paves the way to further research on the role of judges in advancing (or hampering) the discourse on digital rights.
Judicial Protection of Fundamental Rights on the Internet provides a very useful and clear framework for critically reflecting on these issues from a transatlantic perspective.
Professor Pollicino is to be congratulated for an insightful and informative book, that advances the foundational debate on the judicial protection of fundamental rights in a world increasingly digital and online. Anyone interested in the interplay between digital technologies, human rights, and the development of a fair information society should not miss it.
This is a landmark work on the law of an increasingly digitalized public sphere and datafied society. Full of subtle and insightful readings of leading decisions of the CJEU, ECtHR, and other important authorities, [the book] exhibits both solid legal analysis and a humane sensibility, cognizant of the extraordinarily difficult articulation of priorities necessary when critical rights and interests collide.
This is a deeply insightful and nuanced book. Oreste Pollicino provides a thorough and critical examination of the ways that courts on both sides of the Atlantic have used their remarkable power to embolden and erode fundamental rights such as privacy and free expression online. Pollicino adeptly reminds us that a true commitment to fundamental rights on the Internet requires ongoing scrutiny of courts themselves.