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Author: Oreste Pollicino
Publisher: Hart Publishing
ISBN: 1509947221
Category : Law
Languages : en
Pages : 0
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Book Description
Introduction -- Technology and judges across the Atlantic -- Judges and freedom of expression : from atoms to bits across the Atlantic -- Judges, privacy and data protection : from atoms to bits across the Atlantic -- The judicial bridges of privacy and speech in the information society -- The courts and private powers in the world of bits : towards digital constitutionalism?
Author: Oreste Pollicino
Publisher: Hart Publishing
ISBN: 1509947221
Category : Law
Languages : en
Pages : 0
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Book Description
Introduction -- Technology and judges across the Atlantic -- Judges and freedom of expression : from atoms to bits across the Atlantic -- Judges, privacy and data protection : from atoms to bits across the Atlantic -- The judicial bridges of privacy and speech in the information society -- The courts and private powers in the world of bits : towards digital constitutionalism?
Author: Oreste Pollicino
Publisher: Routledge
ISBN: 1317407989
Category : Law
Languages : en
Pages : 294
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Book Description
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: Oreste Pollicino
Publisher: Bloomsbury Publishing
ISBN: 1509912703
Category : Law
Languages : en
Pages : 269
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Book 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.
Author: Oreste Pollicino
Publisher: Bloomsbury Publishing
ISBN: 1509912711
Category : Law
Languages : en
Pages : 320
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Book 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.
Author: Bilyana Petkova
Publisher: Edward Elgar Publishing
ISBN: 1788976681
Category : Law
Languages : en
Pages : 352
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Book Description
Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124
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Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author: Andreas von Arnauld
Publisher: Cambridge University Press
ISBN: 1108751172
Category : Political Science
Languages : en
Pages : 939
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Book Description
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Author: COUNCIL OF EUROPE.
Publisher:
ISBN: 9789287189981
Category : Human rights
Languages : en
Pages : 213
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Book Description
Author: Oreste Pollicino
Publisher: EGEA spa
ISBN: 8823883342
Category : Law
Languages : en
Pages : 244
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Book Description
The books aims to provide an overview of the most important challenges posed from a legal standpoint by the rise of cybserspace. After some preliminary chapters on “the Internet landscape” it focuses on how the advent of digital technologies has impacted data and content, thus exploring the consequences in terms of protection of freedom of expression and the right to privacy. This way, it aims to provide students with a background to understand the legal issues raised by emerging technologies.
Author: Casarosa, Federica
Publisher: Edward Elgar Publishing
ISBN: 1800371225
Category : Law
Languages : en
Pages : 448
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Book Description
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
