Author: Martin Belov
Publisher: Hart Publishing
ISBN: 9781509940905
Category : Constitutional law
Languages : en
Pages : 416
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Book Description
"What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including: - What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?"--
Author: Martin Belov
Publisher: Bloomsbury Publishing
ISBN: 1509940871
Category : Law
Languages : en
Pages : 343
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Book Description
Post-human constitutionalism? A critical defence of anthropocentric and humanist traditions in algorithmic society / Martin Belov -- Constitutional dimensions of information revolution / Daniel Valchev -- The impacts of technological revolution on the role of the state / Attila Menyhárd -- Global information law : how to enhance the legitimacy of the information order in and beyond the state? / David Roth-Isigkeit -- The disruptive effects of social media platforms on democratic will-formation processes / Hoai-Thu Nguyen -- Data revolution and public will formation : regulating democratic processes in the digital age / Sascha Hardt -- Monetary sovereignty in conditions of technological revolution / Marko Dimitrijević -- Conceptual and legal challenges to the public order of states stemming from cybercurrencies / Benjamin Moron-Puech, Jérémy Cornaire and Harrison Colins -- Th e'algorithmic revolution' : fair taxation, social pact and global governance / Stefano Dorigo -- The impact of information and communication revolution on constitutional courts / Angioletta Sperti -- The constitutional limits of digital justice / Artur Flamínio da Silva and Daniela Mirante -- The impact of artificial intelligence on administrative law / Alessandro Puzzanghera -- The impact of the information and technology revolution on the constitutional rights with particular attention to personal data protection issues / Carlo Colapietro -- The digital revolution and the constitutional orders' vertical and horizontal challenges to protect privacy / Patricia Jonason -- Artificial intelligence in social and health services : a new challenge for public authorities in ensuring constitutional rights / Guerino Fares -- Gene editing e-machine learning : the international and EU legal framework / Nadina Foggetti.
Author: Nimer Sultany
Publisher: Oxford University Press
ISBN: 0198768893
Category : History
Languages : en
Pages : 417
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Book Description
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Author: Martin Belov
Publisher: Bloomsbury Publishing
ISBN: 1509931414
Category : Law
Languages : en
Pages : 361
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Book Description
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
Author: Joel I. Colon-Rios
Publisher:
ISBN: 0198785984
Category : Constituent power
Languages : en
Pages : 353
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Book Description
This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
Author:
Publisher: Oxford University Press
ISBN: 0192882503
Category : Law
Languages : en
Pages : 689
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Book Description
The scope of Artificial Intelligence's (AI) hold on modern life is only just beginning to be fully understood. Academics, professionals, policymakers, and legislators are analysing the effects of AI in the legal realm, notably in human rights work. Artificial Intelligence technologies and modern human rights have lived parallel lives for the last sixty years, and they continue to evolve with one another as both fields take shape. Human Rights and Artificial Intelligence explores the effects of AI on both the concept of human rights and on specific topics, including civil and political rights, privacy, non-discrimination, fair procedure, and asylum. Second- and third-generation human rights are also addressed. By mapping this relationship, the book clarifies the benefits and risks for human rights as new AI applications are designed and deployed. Its granular perspective makes Human Rights and Artificial Intelligence a seminal text on the legal ramifications of machine learning. This expansive volume will be useful to academics and professionals navigating the complex relationship between AI and human rights.
Author: Martin Belov
Publisher: Routledge
ISBN: 1000385272
Category : Law
Languages : en
Pages : 270
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Book Description
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
Author: Martin Loughlin
Publisher: Harvard University Press
ISBN: 0674276558
Category : Law
Languages : en
Pages : 273
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Book Description
A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Author: Paul Burgess
Publisher: Bloomsbury Publishing
ISBN: 1509963189
Category : Law
Languages : en
Pages : 330
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Book Description
This book considers the ways in which the concept of the Rule of Law will need to evolve in order to ensure that the exercise of power by Artificial Intelligence (AI) does not become arbitrary and does not proceed unchecked. It presents the Rule of Law and its impact on the past and the present; it considers what AI is, what it does, and what it might become in future; and it looks at how AI will need to be harnessed to allow power to be exercised more effectively in the future. The book argues that the Rule of Law has for centuries been the concept that protects against the arbitrary exercise of power. However, the exercise of power by AI unchecked by humans strains the concept's ability to provide this protection.
Author: Lech Gąsiorkiewicz
Publisher: Taylor & Francis
ISBN: 1000630285
Category : Business & Economics
Languages : en
Pages : 195
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Book Description
This book offers an in-depth analysis of the most salient features of contemporary financial systems and clarifies the major strategic issues facing the development of digital finance. It provides insight into how the digital finance system actually works in a socioeconomic context. It presents three key messages: that digital transformation will change the financial system entirely, that the State has a particularly important role to play in the whole process and that consumers will be offered more opportunities and freedom but simultaneously will be exposed to more risk and challenges. The book is divided into four parts. It begins by laying down the fundamentals of the subsequent analysis and offers a deep understanding of digital finance, including a topology of the key technologies applied in the transformation process. The next part reviews the challenges facing the digital State in the new reality, the digitalization of public finance and the development of digitally relevant taxation systems. In the third part, digital consumer aspects are discussed. The final part examines the risks and challenges of digital finance. The authors focus their attention on three key developments in financial markets: accelerated growth in terms of the importance of algorithms, replacing existing legal regulations; the expansion of cyber risk and its growing impact and finally the emergence of new dimensions of systemic risk as a side effect of financial digitalization. The authors supplement the analysis with a discussion of how these new risks and challenges are monitored and mitigated by financial supervision. The book is a useful, accessible guide to students and researchers of finance, finance and technology, regulations and compliance in finance.
