Judicial protection of fundamental rights on the internet : a road towards digital constitutionalism?

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Bibliographic Information

Judicial protection of fundamental rights on the internet : a road towards digital constitutionalism?

Oreste Pollicino

Hart, 2021

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Includes bibliographical references (p. [212]-222) and index

Description and Table of Contents

Description

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.

Table of Contents

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 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 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. 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

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