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Vol 21 No 10 Oct/Nov 2016

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The Internet and Constitutional Law: The Protection of Fundamental Rights and Constitutional Adjudication in Europe

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ISBN13: 9781138924987
Published: January 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00



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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 and so this 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 European Court of Justice 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.

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Subjects:
Constitutional and Administrative Law, Internet Law
Contents:
Part 1: Theoretical framework and methods of judicial reasoning on new technologies in multilevel legal order
1. Constitutionalizing Internet Law, Cruz Villalon
2. Judicial Reasoning and new technologies, Andras Sajo
3. International and supranational protection of rights in the digital era: identifying standards of review - The European Court of Human Rights, Juan Barata
4. International and supranational protection of rights in the digital era: identifying standards of review - The European Court of Justice, Filippo Fontanelli
5. Protection of fundamental rights and the Internet between national and international regimes: the case study of the US, Molly Land

Part 2: Judicial protection of Fundamental Rights and the Internet in Europe: a comparative overview
6. Protection of fundamental rights and the Internet within systems of centralized judicial review: Italy, France, Paolo Passaglia
7. Protection of fundamental rights and the Internet within systems of centralized judicial review with direct access to the Constitutional Court, András Jóri
8. Protection of fundamental rights and the Internet within mixed systems of judicial review: Belgium, Catherine Van De Heyning
9. Protection of fundamental rights and the Internet within "weak-form" models of judicial review: the UK, Jacob Rowbottom
10. Protection of fundamental rights and the Internet within system with no judicial review of legislation: the Netherlands, Gert-Jan Leenknegt
11. Assessments and Conclusions, Oreste Pollicino and Graziella Romeo