Judicial Protection of Fundamental Rights on the Internet

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Author :
Publisher : Hart Publishing
ISBN 13 : 1509947221
Total Pages : 0 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Judicial Protection of Fundamental Rights on the Internet by : Oreste Pollicino

Download or read book Judicial Protection of Fundamental Rights on the Internet written by Oreste Pollicino and published by Hart Publishing. This book was released on 2022-11-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Judicial Protection of Fundamental Rights on the Internet

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912703
Total Pages : 269 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Judicial Protection of Fundamental Rights on the Internet by : Oreste Pollicino

Download or read book Judicial Protection of Fundamental Rights on the Internet written by Oreste Pollicino and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Internet and Constitutional Law

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Author :
Publisher : Routledge
ISBN 13 : 1317407997
Total Pages : 264 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis The Internet and Constitutional Law by : Oreste Pollicino

Download or read book The Internet and Constitutional Law written by Oreste Pollicino and published by Routledge. This book was released on 2016-01-13 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fundamental Rights Protection Online

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788976681
Total Pages : 352 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Fundamental Rights Protection Online by : Bilyana Petkova

Download or read book Fundamental Rights Protection Online written by Bilyana Petkova and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judicial Protection of Fundamental Rights on the Internet

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912711
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Judicial Protection of Fundamental Rights on the Internet by : Oreste Pollicino

Download or read book Judicial Protection of Fundamental Rights on the Internet written by Oreste Pollicino and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Cambridge Handbook of New Human Rights

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108751172
Total Pages : 939 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis The Cambridge Handbook of New Human Rights by : Andreas von Arnauld

Download or read book The Cambridge Handbook of New Human Rights written by Andreas von Arnauld and published by Cambridge University Press. This book was released on 2020-01-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Protecting the right to freedom of expression under the European Convention on Human Rights

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Author :
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Courts, Privacy and Data Protection in the Digital Environment

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784718718
Total Pages : 272 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Courts, Privacy and Data Protection in the Digital Environment by : Maja Brkan

Download or read book Courts, Privacy and Data Protection in the Digital Environment written by Maja Brkan and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?

Human Rights Challenges in the Digital Age

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Author :
Publisher :
ISBN 13 : 9789287189981
Total Pages : 213 pages
Book Rating : 4.1/5 (899 download)

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Book Synopsis Human Rights Challenges in the Digital Age by : COUNCIL OF EUROPE.

Download or read book Human Rights Challenges in the Digital Age written by COUNCIL OF EUROPE. and published by . This book was released on 2019 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Copyright and Fundamental Rights in the Digital Age

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788113888
Total Pages : 288 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Copyright and Fundamental Rights in the Digital Age by : Oreste Pollicino

Download or read book Copyright and Fundamental Rights in the Digital Age written by Oreste Pollicino and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.

Fundamentals of Internet Law

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Author :
Publisher : EGEA spa
ISBN 13 : 8823883342
Total Pages : 244 pages
Book Rating : 4.8/5 (238 download)

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Book Synopsis Fundamentals of Internet Law by : Oreste Pollicino

Download or read book Fundamentals of Internet Law written by Oreste Pollicino and published by EGEA spa. This book was released on 2021-09-24T00:00:00+02:00 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Freedom of Expression in the Internet Society

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Author :
Publisher :
ISBN 13 : 9788869594328
Total Pages : 520 pages
Book Rating : 4.5/5 (943 download)

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Book Synopsis Freedom of Expression in the Internet Society by : Francesco Buffa

Download or read book Freedom of Expression in the Internet Society written by Francesco Buffa and published by . This book was released on 2016 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Practice of Judicial Interaction in the Field of Fundamental Rights

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371225
Total Pages : 448 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis The Practice of Judicial Interaction in the Field of Fundamental Rights by : Casarosa, Federica

Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Quest for Rights

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781788971768
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)

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Book Synopsis The Quest for Rights by : Massimo La Torre

Download or read book The Quest for Rights written by Massimo La Torre and published by Edward Elgar Publishing. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights?

Contemporary Issues in Human Rights Law

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Publisher : Springer
ISBN 13 : 9811061297
Total Pages : 218 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Contemporary Issues in Human Rights Law by : Yumiko Nakanishi

Download or read book Contemporary Issues in Human Rights Law written by Yumiko Nakanishi and published by Springer. This book was released on 2017-10-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

Judicial Protection in the European Union

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041116311
Total Pages : 922 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Judicial Protection in the European Union by : Henry G. Schermers

Download or read book Judicial Protection in the European Union written by Henry G. Schermers and published by Kluwer Law International B.V.. This book was released on 2001-12-20 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this important new book thoroughly evaluates the judicial system of the European Union, fully describing the nature of the judicial protection available to individuals, undertakings, and member States. With attention to the rapid and continuing development of the Community legal order, Schermers and Waelbroeck provide a much-needed perspective on the reasoning of the European Court of Justice in significant decisions, especially recent cases, and shed revealing light on how the rule of law may develop in future. An introductory chapter offers a masterful description of how Treaty provisions, Community acts, international law, and national legal orders interact in the procedures and decisions of the Court of Justice. Further chapters provide analysis and insight into such matters as the following: the crucial role of national courts as guarantors of the rights of individuals in Community law the validity of acts taken by Community institutions and member States, and protection against them the delivery of non-judicial opinion and other tasks of the Court of Justice the composition, function, and rules of procedure of the Court the organisation of the Court of First Instance and the appeal procedure against its decisions. Judicial Protection in the European Union is organised to facilitate its prodigious reference value. All important cases are examined, and abundant footnotes clearly indicate relevant precedents in each case. This is a fundamental source for students of European law, as well as a basic reference for practitioners and a valuable analysis of the strengths and weaknesses of the European system of judicial protection.

General Principles of EU Law and the Protection of Fundamental Rights

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439433
Total Pages : 240 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis General Principles of EU Law and the Protection of Fundamental Rights by : Chiara Amalfitano

Download or read book General Principles of EU Law and the Protection of Fundamental Rights written by Chiara Amalfitano and published by Edward Elgar Publishing. This book was released on 2018 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.