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.
Author(s): Oreste Pollicino, Graziella Romeo
Series: Routledge Research In Constitutional Law | 8
Edition: 1
Publisher: Routledge | Taylor & Francis Group
Year: 2016
Language: English
Commentary: TruePDF
Pages: 273
Tags: Human Rights: Europe; Internet: Law And Legislation: Europe; Judicial Review: Europe; Constitutional Law: Europe: Cases
Cover
Title
Copyright
Contents
Notes on contributors
Introduction
Part I | The theoretical framework and the jurisdiction conundrum in a comparative perspective
1 | Judicial reasoning and new technologies: framing, newness, fundamental rights and the internet
2 | The boundaries of jurisdiction in cybercrime and constitutional protection: the European perspective
3 | A human rights perspective on US constitutional protection of the internet
Part II | European standards for protection of fundamental rights in the internet
4 | Freedom of expression in the internet: main trends of the case law of the European Court of Human Rights
5 | The Court of Justice of the European Union and the illusion of balancing in internet-related disputes
Part III | Models of constitutional adjudication on internet issues: a comparative perspective
6 | Protection of fundamental rights and the internet: a comparison between Italian and French systems of constitutional adjudication
7 | Protection of fundamental rights and the internet: a comparative appraisal of German and Central European constitutional case law
8 | Constitutional adjudication on internet issues in Poland
9 | The protection of expression in the UK: old principles in a digital world
10 | The constitutional ripeness of principles in internet law in the Netherlands
Concluding remarks: internet law, protection of fundamental rights and the role of constitutional adjudication
Index
Table of cases
