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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Constitutional Rights and New Technologies: A Comparative Study

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Edited by: Ronald E. Leenes, Bert-Jaap Koops, Paul De Hert

ISBN13: 9789067042468
Published: February 2008
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £55.00

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New technologies affect the legal system, but do they and should they also affect constitutional rights? These are questions that every country has to address, taking into account their constitutional system and legal tradition. This book surveys changes in constitutional rights and human-rights policy related to developments in ICT and new technologies in the USA, Canada, France, Germany, Sweden, Belgium and the Netherlands. The seven country reports provide in-depth accounts of changes to the constitutional system (such as a constitutional review and the influence of international law), case law and (policy) developments with respect to freedom of expression, privacy, inviolability of the body, inviolability of the home and freedom of communication. The book is recommended to policy-makers, members of the judiciary, academics and practitioners, as it provides inspiration for diverging strategies to achieve continued protection for the widely-shared constitutional values of privacy and freedom of expression.

  • Provides structured analysis of various developments and constitutional rights, helping readers gain an overview of relevant material in each country
  • Includes case-law, thus helping legislators and courts to make decisions
  • Covers both common-law and civil-law countries, thus giving insight into legal-cultural differences

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Human Rights and Civil Liberties
1. Introduction Ronald Leenes, Bert-Jaap Koops and Paul De Hert
2. Constitutional Rights and New Technologies in Belgium Els Kindt, Eva Lievens, Elenis Kosta, Thomas Leys and Paul De Hert
3. Constitutional Rights and New Technologies in Canada Jason M. Youg
4. Constitutional Rights and New Technologies in France Fanny Coudert, Anne Debet and Paul De Hert
5. Constitutional Rights and New Technologies in Germany Thomas Hoeren and Anselm Rodenhausen
6. Constitutional Rights and New Technologies in the Netherlands Bert-Jaap Koops and Marga Groothuis
7. Constitutional Rights and New Technologies in Sweden Cecilia Magnusson Sjöberg
8. Constitutional Rights and New Technologies in the United States Susan W. Brenner
9. Conclusions and Recommendations Paul De Hert, Bert-Jaap Koops and Ronald Leenes
Appendix: Participants to the Workshop Constitutional Rights and New Technologies, The Hague, 1 December 2006